Students, UA officials ignore 2000 federal act
Under a federal law passed in 2000, students convicted of drug offenses are barred from receiving financial aid. But according to campus officials, the law is not enforced.
John Nametz, director of the Office of Student Financial Aid, said the law receives little attention on campus.
Nametz said his office doesn't receive information on whether a student has been denied financial aid because of drug-related convictions, making enforcement of the law difficult.
The Higher Education Act is enforced through the Free Application for Federal Student Aid, which asks students whether they have any past drug convictions.
But Nametz said students could easily lie about a conviction in order to keep their financial aid.
"Anyone could lie their way around it, but they would face felony charges if they're caught," he said.
Four years after the law's passage, federal legislators are fighting to repeal the law.
Last year, Rep. Barney Frank, D-Mass., introduced a bill that would nullify the law.
Rep. Raul Grijalva, D-Ariz., said the Higher Education Act is an unfair punishment for drug offenders.
"No one wants to condone drug use, but the conviction and record are enough punishment," he said. "It should not be a permanent barrier to the eventual education of the student."
Rep. Jim Kolbe, D-Ariz., disagreed with Grijalva.
"I believe that financial aid should be limited to those who have complied with the law," he said.
In addition to barring students from financial aid, the act requires students convicted of a drug offense after receiving aid to notify their financial aid adviser and pay back any money they received.
Jane Glickman, an official from the Department of Education, said the law is being enforced.
"It's up to the student to answer the form," she said, adding that the law does not bar students from receiving state or school aid.
As of August 2003, the Department of Education reports that 209,838 students nationwide have lost financial aid.
Glickman said even with these statistics, it's hard to pinpoint the exact number of students who were affected by this law.
"A lot of students probably see the question on the form, and if they have been convicted, they don't turn the form in," she said.
Glickman said if students don't answer the question, they won't receive financial aid.
But students don't seem worried about the possibility of losing their financial aid.
A UA student, who wished to remain anonymous, admitted to occasionally using marijuana while receiving financial aid.
The student was unaware of the law, but understood why Congress passed it.
"It's good on one hand because it tries to deter students from drugs, but drugs don't have a connection with financial aid." He said, "Marijuana doesn't disable some people from becomingeducated."
If convicted of a drug offense, the student said he didn't know whether he would lie on a FAFSA form.
"You'd be taking away money from other students, but you may need that money to go to school. It depends on the situation."
Another UA student who uses marijuana and receives financial aid was also unaware of the law. She also saw no connection between drugs and financial aid.
"I don't think it's fair. Receiving financial aid is irrelevant to what you do in your free time," she said.
The student said she would lie on her FAFSA form if she were convicted.
"The cost of school is so much. Just because you messed up once doesn't mean you shouldn't be able to receive an education," she said.
Both students said if the law were enforced, it would not deter them from using marijuana; they just said they'd be more cautious.
The Higher Education Act bars students convicted of drug possession from receiving financial aid for one year after the date they were convicted of their first offense. If convicted for a second offense, they must wait two years. Those with three or more convictions are permanently ineligible for federal financial aid.