Pubdate: Tue, 02 Nov 1999
Source: Colorado Daily (CO)
Copyright: 1999 Colorado Daily
Contact:  P.O. Box 1719, Boulder, CO 80306
Fax: (303) 443-9357
Website: http://www.codaily.com/
Author: Amanda Hill, Colorado Daily Staff Writer
Cited: 2000-2001 FAFSA Question 28:
http://www.fafsa.ed.gov/q28/
Related: http://www.u-net.org/

DRUG CONVICTIONS TO RESULT IN WITHHOLDING FINANCIAL AID

The federal government has created a financial and educational pit-fall for
some students. A new federal rule will withhold financial aid from students
who have prior drug convictions. The enforcement of this rule, however,
relies on students voluntarily admitting prior convictions on the federal
application, and thus putting their higher education at risk.

"If students lie on their application, and I find out, we will refer them
to the inspector general for fraud and abuse," said CU's Associate Director
of Financial Aid Bob Collins. "That leads to fines and jail time."

The rule, which was originally amended to the Higher Education Act in 1998,
but recently clarified by the Department of Education, adds to the Free
Application for Federal Student Aid a question regarding the number of
drug-related convictions a student has had.

Question 28 reads: "If you have never been convicted of any illegal drug
offense, enter '1' in the box and go to question 29. A drug-related
conviction does not necessarily make you ineligible for aid; call
1-800-433-3243 or go to http://www.fafsa.ed.gov/q28/ to find out how to
fill out this question."

"It's a very reactive approach," said UCSU Tri-Exec Dan Pabon. "Our system
is known for being reactive ... A lot of times, this doesn't work. It's
double jeopardy -- punished once, then twice."

Technically, the federal government is responsible for checking a students
criminal history, not the college. The government, however, does not do
official background checks on applicants. Collins tries to deters students
from lying on their application with the firm contention that the financial
aid office does random checks on the applications.

"We're a part of the quality assurance program," said Collins. "We do a
thorough analysis of about 300 FAFSA applications a year. If we find an
error, we correct it. If it was blatant disregard, we refer them to the
inspector general for fraud and abuse. We have to check to be a part of the
federal financial aid program."

Students who have been already convicted, and thus punished for a
drug-related crime, will have their chance for a college education taken
away, or at least delayed for a year, despite the fact that they have
already been held accountable by the government for their prior actions.
Although the language of the rule mentions specific time frames on
convictions, if a student has been convicted at any point in their life on
drug-related charges, they must face the music yet again.

The FAFSA Web site specifically mentions time periods for which aid will be
withheld based on the severity of the conviction. If a student has a single
conviction of drug possession, the aid will not be available for one year
from the date of the conviction.

At two convictions of possession, the aid will be withheld for two years.
On a third conviction, the aid will be unavailable "indefinitely."

If a student was convicted of selling drugs, the aid will be withheld for
two years from the date of the conviction. On the second conviction, it
will be withheld, again, "indefinitely."

In the Department of Educations recent clarification, the term "indefinite"
is specified as "permanent" unless a student completes an approved
drug-rehabilitation program.

According to the new rule, the federal government will give students the
option of regaining eligibility by completing an approved
drug-rehabilitation program. This, however, comes at a huge financial
burden for students already in need of financial aid.

The Harmony House, a rehabilitation program in Estes Park, has a 28-day
residential program that costs $8890.

Compare that figure to the $1,222 it costs for a semester at CU in the
college of Arts and Sciences (not including student fees). A student
already in need of financial aid is in a monetary bind.

According to a staff member at Parker Valley Hope, another rehabilitation
center in Colorado, their $8,000 fee is a relatively low figure for rehab
centers.

"Say someone has turned their life around, this is double jeopardy," said
Pabon. "I'm not sure if this is the right way to go."

The new rule will not be in effect until July 1, 2000. Applications for
financial aid in the next school year will not contain Question 28.
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