With the provision in the Higher Education Act that denies financial aid to those with drug offenses up for renewal this year, opponents are preparing their arguments to get the measure revised, the Seattle Times reported Jan. 11. Under the law, students with one conviction of possessing or selling drugs are ineligible for government grants or federally backed loans for one year. Two convictions extend ineligibility to two years. However, applicants who complete an approved drug-rehabilitation program can regain their eligiblilty for federal financial assistance.
Since the law went into effect five years ago, the American Council on Education estimates that 47,000 of 10.5 million federal aid applicants have been denied federal funding for college because of past drug offenses.
Supporters of the law say it discourages students from using drugs and ensures that financial aid is given to those who deserve it. "There's no entitlement to this money," said Sue Thau, a public-policy consultant to the Community Anti-Drug Coalitions of America. "By the time you're in college, you're old enough to know that your actions have consequences. What it says to kids is: You've got a good thing going here. Don't screw it up."
But opponents argue that the law disproportionately impacts lower-income families who are most unlikely to afford tuition.
"I don't understand why you'd want to hinder someone's ability to go to college," said Caton Volk, 23, who dropped out of the University of Illinois, Chicago, after learning of his ineligibility for financial aid. "If the administration is really concerned about drug use, what better means of rehabilitation than education?"
Opponents of the law include more than 100 student-government associations and several higher-education institutions, among them Yale University, Hampshire College in Massachusetts and Swarthmore College in Pennsylvania.
"The financial-aid form was designed to help lower- and middle-class students gain access to college, not be used as a mechanism to collect information," said Chris Simmons of the American Council on Education. "I understand why Congress wants law-abiding citizens, but this punishment does not affect all students equally."
When the law comes up for renewal, Rep. Mark Souder (R-Ind.), author of the provision, plans to revise the measure so it only applies to students who are convicted of drug offenses while in college.
Souder said the Education Department "misinterpreted" the law by including prior offenses.
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