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Drug offenses limit student loans
MICHAEL DOYLE | Herald.com | Sat, Apr. 15, 2006

WASHINGTON - More than 31,000 California college students forfeited their shot at federal financial aid because of a past drug conviction, newly released records show.

Last year, 2,219 Californian students were denied federal financial aid because they admitted to a prior drug bust. That was more than any other state, according to records obtained through the Freedom of Information Act by Students for Sensible Drug Policy.

Although the restrictions will now be loosening, activists insist the financial aid policy needs rethinking.

''It's a victory that some students will be able to get back their aid,'' Tom Angell, campaigns director for Students for Sensible Drug Policy, said Friday. ''But there are still some fundamental problems.''

Marisa Garcia testifies to that.

The sociology major at CSU-Fullerton pleaded guilty to possession of a pipe with marijuana residue, found in her car the day before her 19th birthday. Garcia, now 25, subsequently acknowledged her conviction on her financial aid application.

That admission rendered Garcia ineligible for federal student assistance, under a 1998 law under court challenge.

''Without financial aid, it was nearly impossible to continue my education,'' Garcia wrote on a Web site devoted to opposing the federal law. ''Luckily my mom was refinancing our house at the time, so she had some extra money to help me pay for tuition. She even offered to let me charge my school books on her credit card so I could afford to stay in school.''

Angell cited Garcia on Friday as an example of how the 1998 law will continue to hurt students despite congressional efforts earlier this year to soften the blow.

Under the original provision, students lost out on federal aid for one year if they have one conviction for drug possession. They lost out for two years if they have one conviction for drug selling. Drug convictions are the only kind that hurt a student. A student could be convicted, for instance, of vehicular manslaughter while driving intoxicated and not lose his or her student loan.

This year, Ralls said she knows of two students admitted to U.C. Merced who have indicated they had prior drug convictions. So far, these students have not yet provided the detailed forms that will clarify whether they remain eligible for aid.

There's much money at stake. The federal government in fiscal 2004 delivered $69 billion through various loan, grant and work-study programs.

Students are potentially denied aid under a 1998 provision authored by Rep. Mark Souder, R-Ind. Passed with scant discussion, the now-controversial provision denied federal loans to any student who had been convicted of selling or possessing drugs.

''We have a major crisis in this country,'' Souder said on the House floor at the time, ''and the question is, are we serious about it or not.''

Nationwide, 189,065 students have been denied aid for drug violations since 2000. The state-by-state numbers were hidden away until Angell's organization filed a FOIA request, and then sued the Education Department after officials demanded $4,000 in fees. The department subsequently relented.

A separate lawsuit, filed as a class action late last month, challenges the underlying and recently revised federal policy. Under the new law, the student aid prohibition will apply to new drug convictions only and not those that preceded a student entering college.

The revised law renders students ineligible for one year following their first conviction for drug possession. Students convicted of selling drugs would lose eligibility for two years. Multiple convictions can lead to a permanent ban.

College loan officers don't investigate applicants' criminal records. Instead, students are supposed to check a box on the infamously complicated financial aid forms.

''These questions add complexity to the form and can deter some students from applying for financial aid,'' the Advisory Committee on Student Financial Assistance, established by Congress, noted earlier this year.

Already, California and 14 other states ignore drug records in distributing state financial aid.

(Distributed by Scripps-McClatchy Western Service.)

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Little Nicky

It makes NO sense to with-hold financial aid to someone who is trying to better themselves. What is the government thinking when they do this? If anything they should be offering educational assistance to people who are in trouble with the law.

OccultPizza

That law is stupid for a couple reasons. The main one being that it only affects poor people. It won't affect a rich person's kid, their kid can rape women, get busted for shooting heroin and it doesn't matter. If you born rich the law doesn't apply to you.

If you really wanted to make a fair law, then make one that states anyone being arrested for drugs is denied an education. That would be the fair thing to do! ~smiles~.

Sec

The law does not withhold education. It merely places a restriction on the time frame which a student is eligible for aid. There is no reason Garcia could not have found work for one year then resumed her studies when she became eligible for aid again. The law is not designed to restrict who can attend college Murder is also against the law, but If I don't commit murder, the law doesn't apply to me either. The law is merely designed to determine who is ineligible for government assistance. Since drug use is illegal, I am not surprised to see this law in place. It does surprise me that all felonies are not included on the questionairre. Maybe there is a question on the application regarding other criminal convictions, but the article doesn't mention it.

It also does not punish poor people while ignoring rich people. The law applies to those who apply for financial aid. It is the same principle for those awarded scholarships. If one of the requirements for receiving a 4 year scholarship is that the receipient be a High School Valadictorian, become a veterinarian and practice in a small midwestern agricultural town, are the sponsors of the scholarship discriminating against those who graduated 3rd in their class, wanting to become a CPA and practice on Wall Street?

To be eligible, one must meet qualifications.

(edit: I imagine I will hear all sorts of opposing opinions on my viewpoint.)

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Tolerance4all

Under this law murders are still eligible for assitance.

 

MrIMStoned

Money money money mon-ey, MONEY.

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Stephanie S.

With new loan federal loan guidelines (under the Bush Administration) I am ineligible for any more student loans anyway. I've exceeded the max, they say.

Seems to me that if the fed aid people are going to ask about a Drug Conviction, they ought to simply ask about Felony convictions. In many professions, one can't even get certified or licensed with a felony on their record anyway.

What would be the point in goiing to school, only to not be eligible for employment anyway? In my line of work, any Felony conviction will pretty much keep you from being hired.


peace

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OccultPizza

What I was trying to say in a sarcastic way was the only people that hurts is poor people. A rich person can go to any college they desire. Even if they are slowing your life down by a year or two. It still only affects the poor.

I understand the time thing, but are you the same person today you were ten years ago?

So many psuedo intellectuals, so little time ~chuckles~

Sec

There are plenty of laws that only affect a certain class of people. For example:

Welfare laws only affect poor.

Upper tax bracket laws only affect the rich.

Traffic laws only affect those who drive.

Laws of gravity only seem to affect those of us over 40.

There is no law that applies to each and every person in the same way. Even if a person commits murder, there are varying degrees of murder. I Agree. No one has yet to say whether there are any questions or restrictions placed on applicants who have been convicted of any other crimes (felonies or misdemeanors).

A poor person can go to college any time they desire, they just cannot use a student loan for 1 year if they have been convicted of a drug crime. That just means they must get creative with financing (grants, scholarships, work programs, mentorships, etc.) It doesn't mean they cannot attend the college of their choice. Student loans are not a right, they are a privledge. Same as driving. If you break the driving laws with a serious enough offense, they take away your driving priveleges. Not everyone has an inherent right to public money, no matter how badly the government spends it.

I'm not sure where you are going with this statement, or what it has to do with this topic.