Proposed bill eases drug violation clause in Higher Education Act

Rep. Barney Frank, D-Massachusetts, introduced bill H.R. 1053, March 10 to help troubled students move beyond their criminal records.

"His (Frank's) concern is there shouldn't be automatic bars on students getting financial aid in cases where people have committed crimes," said Peter Kovar, Frank's public relations secretary. "(They) are trying to get their lives back together and this is denying them an education which is one of the best ways to get their lives straightened out."

The act, which was reauthorized in October 1998, states that a student convicted of possession or sale of a controlled substance is not eligible to receive federal aid for at least one year, unless the student completes a rehabilitation program and passes two random drug tests.

Students convicted of a second offense are ineligible for two years, and third time offenders are ineligible indefinitely.

John Nametz, the University of Arizona's Student Financial Aid director, supported Frank's amendment, saying the current legislation poses a problem for universities.

"To have something tacked on like this is troublesome...and expensive," Nametz said. "I don't want to be in the business of determining who gets whacked by this. We are not experts in drug rehabilitation here."

Congress is still negotiating how to define terms such as what constitutes rehabilitation, said Roberta Schorr, UA program coordinator for federal relations. The amendment in scheduled to take effect July 1, 2000.

Psychology graduate student Jim Coan said he believed the current legislation was not enough to deter students from drug use.

"I don't see the relationship between using drugs and the need to withhold financial aid," he said.

"It seems very short-sided to deny drug offenders who may be trying to better themselves the opportunity to go to college. Certainly it's not going to dissuade people from selling or using drugs," Coan added.

Several nationwide organizations supporting the proposal have labeled the current legislation discriminatory.

"People of color tend to be arrested disproportionately more than white people," said Jamie Pueschel, legislative director for United States Student Association, the nation's oldest and largest organization dedicated to increasing access to higher education. "This is a backwards approach to dealing with drugs on campus."

Last year, 133 illegal drug offenses were reported to the University of Arizona Police Department, down from 154 violations in 1997.

African-Americans constitute 55 percent of drug convictions, but only 13 percent of drug use, said Kris Lotlikar, campus coordinator of the Drug Reform Coordination Network, a group working towards drug policy reform.

Le Hua, a biochemistry freshman, said the plan discriminates against students who are not drug abusers.

"I've never used drugs and it's hard enough for me to get financial aid," she said. "If they (drug offenders) start to get it, it'll be more competition for me and that's unfair."