Drug Offenses Cost Students Their Aid

The financial aid status of student drug offenders is under question on Capitol Hill.

Rep. Mark Souder, R-Ind., is taking steps to change how the U.S. Department of Education is enforcing a law he proposed in 1998.

Seth Becker, Souder's press secretary, said the original intent of the legislation -- which passed in 1998 -- was to deny federal financial aid to students who are convicted of possessing or trafficking illegal drugs while attending school.

But Department of Education officials are taking away financial aid for all students who were ever convicted of drug offenses.

"The Clinton administration clearly misinterpreted the legislation," Becker said. Becker also said that talks with the Bush administration have produced few results.

A technical correction amendment proposed by Souder stating that the legislation did not concern prior convictions passed in the U.S. House of Representatives several years ago but failed in the Senate.

Becker said the fact that Souder proposed the amendment further indicated that the legislation is intended to apply only to people who are convicted of crimes while in college.

But lawyers for the Department of Education said they examined Souder's appeal and found that the department could not apply the legislation only to crimes committed while in school because of the wording of the law.

"The department cannot, despite a thorough review of available administrative avenues, use administrative means to change the meaning of (the section)," stated an Education Department press release.

As the law now stands, students convicted of past or present drug possession or trafficking are barred from work-study money, federal grants and federal student loans. First-time possession offenders lose aid for one year. A second possession conviction equals two years without federal aid, and a third possession conviction bars aid indefinitely.

Convicted drug traffickers lose aid for two years after one conviction and indefinitely after a second. A student who completes a rehabilitation program can receive aid again.

Becker said he is not clear how many people are affected by what they claim is faulty enforcement of the law. He said opponents of the legislation have produced various sets of numbers -- all of which differ from the numbers the Department of Education has produced.

The Associated Press reported that the federal government expects roughly 10 million financial aid applications this year. Based on the 6.8 million applications received so far, more than 34,000 applicants will probably be denied for either disclosing a drug conviction or leaving the question blank, according to the AP.

Becker said Souder could take a variety of steps to get rid the disparity between what he says he intended and what the Department of Education enforces.

Becker said Souder likely will bring members of the Department of Education before the Higher Education subcommittee of the House of Representatives -- the subcommittee Souder heads. Becker said Souder also can propose new legislation or attempt to amend the legislation again.

But Becker said he thinks Souder will not try to change the scope of the statute legislatively.

"The problem with doing it the legislative way is that the legislative process is a slow process," Becker said. "It's supposed to be that way -- slow and deliberate. But we are looking for a quick solution to this problem."

The State & National Editor can be reached at stntdesk@unc.edu.