Officials say law is meant to deter college student drug use

Loss of brain cells, loss of control, loss of health, loss of freedom, loss of life: all possible effects of illegal drug consumption that most students are aware of by the time they reach college. Now they can tack one more onto that list -- loss of tuition.\nA 1998 financial aid law is impacting students around the country who are convicted of possessing or selling an illegal drug. The law, pushed as an amendment to the Higher Education Act by Indiana Congressman Mark Souder, dictates those convicted of drug crimes can lose their federal funding for college.\nThe act was designed to bring accountability to the student aid system, to help identify students who might be in need of help and to act as a deterrent to drug use, said Souder's press secretary Angela Flood.\n"He (Souder) felt that this was one area where there's a gap in coverage for efforts to deter people from using drugs, and where there's almost a tacit acceptance of drug use," Flood said. "We mean to say 'just say no' to you, too."\nFlood said the act was proposed at a time when studies showed drug use was on the rise on college campuses. The act was in part created in hopes that students would be more likely to avoid illegal drug use if it jeopardized their college careers, she said.\nThe IDS reported last August that the number of drug arrests for the IU campus by the IUPD rose from 107 in 1997 to 126 in 1999. Lieutenant Jerry Minger said in 2000 there were 147 criminal arrests for violation of drug laws, both misdemeanors and felonies. If convicted, these 147 students could face losing their federal aid for anywhere from one year to an indefinite time period, depending on the charge.\n The controversy surronding the amendment is growing as more students nationwide are learning first-hand or hearing about the law. Chapters of Students for Sensible Drug Policy are springing up on campuses across the country. The groups are protesting the law, citing it as excessive and unfairly aimed at students.\n IU does not have a chapter of Students for Sensible Drug Policy. Ben Piper, director of legislative relations for IUSA, said he has not been approached by any student groups about the law, but it might be an issue worth investigating when the group lobbies in Washington, D.C., next year.\n "I think that if someone has been convicted and paid their dues, it's overly punitive to be prohibited to receive federal financial aid," Piper said. "It seems like they're digging themselves a hole and the government isn't giving them any means to get out."\nBut IU Associate Director for Client Services Bill Ehrich said very few IU students have been hurt by the law. \n"We've been very fortunate and haven't had anyone involved in the five years I've been here. It really probably will affect more urban institutions."\nEhrich said he thinks the bill had the primary intention of keeping serious drug dealers from applying for federal aid.\n"I don't think they're going after the kid who once in his life smokes a joint," he said. "They're aimed at the guy selling kilos of drugs for a living. And I think it is keeping those people from filling out FAFSA forms."\nLast year 9,200 out of nearly 10 million applicants lost all or part of their financial aid because of the law, according to reports from the Knight-Ridder Tribune. A Department of Education spokesperson verified that out of the 6 million applications processed so far this year, 7,800 of the applicants have already been denied and another 12-13,000 are waiting for final decisions.\nThe original amendment was only intended to prohibit federal aid for those convicted while they were receiving the funds. But Flood said, the Clinton administration applied the law retroactively, so it affects any students with a conviction who are applying for aid.The original amendment was only supposed to extend to those convicted of drug crimes while receiving federal aid, she said, who would then lose the federal funds. \n"We're hopeful that the new administration will help us work this problem out," she said.\nThe question on the Free Application for Federal Student Aid (FAFSA) form that condemns these students as unworthy of government funds asks if the student has ever been convicted of a drug offense. If the question is answered positively or left blank, it is ensued by a follow-up worksheet determining the date and number of convictions of the applicant. The U.S. Department of Education looks at these factors to determine an applicant's eligibility.