By Laura Rodell

College students with drug convictions on their records may soon have a clean slate regarding eligibility for federal financial aid.

The new legislation is a revision of the Higher Education Act, which Congress is preparing to re-authorize. Mandated every five years, the re-authorization process is an opportunity to critically review the legislation and amend it accordingly.

At heart is the regulations regarding federal financial aid eligibility. Tucked within the massive budget bill Congress passed last month, the new law permits individuals who were convicted of possessing or selling drugs as an adult to remain in the pool of eligible candidates. Under the previous legislation, these individuals were automatically barred from receiving federal aid.

Last month USA Today reported that approximately 175,000 applications, not including those who did not apply because they assumed they would be denied, were disqualified from federal financial assistance since the government started asking about drug convictions on financial aid forms in 2000. This estimate was made using data from the Department of Education, the reform coalition and other groups.

The pieces of legislation intersect at two points. Both stipulate that aid cannot be denied on the basis of a drug conviction as a juvenile, but can be withheld from individuals convicted of a drug offense while already enrolled at a university or college and receiving aid. Suspension is typically one year for a first offense, two years for a second offense and indefinitely for a third, with harsher penalties for selling drugs.

Janice Contino, the University’s director of financial aid, welcomes the revision, saying that it will relieve aid administrators of the need to blow the whistle on students.

“I’m a big fan of initiatives to combat drug use but not of trying to put administrators in a position of playing police,” she said. “Most in the aid community will agree.”

Congress members who opposed revising the Higher Education Act argue students should be held accountable for their actions.

“Congress is expected to use taxpayer dollars in the most prudent manner possible,” Rep. Dave Camp (R-MI) said. “You have an intense amount of demand for these federal dollars. Congress has a responsibility for students that get these funds. This is one of many provisions that students must comply with to receive federal funds.”

In 1998, when Rep. Mark Souder (R-IN) authored and introduced legislation mandating penalties for those convicted of a drug offense while already enrolled in a college or university and receiving aid, he never envisioned it would be harnessed to render ineligible past drug offenders. He expects the revision to bring the legislation in line with its original intent.

“That’s one thing if they are paying for their education themselves, or if their parents are paying. But it’s unacceptable to ask the American taxpayer to subsidize this type of illicit behavior,” he said. “Moreover, this provision will discourage drug use among students. A student who knows his aid can and will be suspended if he’s caught dealing or using drugs will be less likely to succumb to peer pressure and take drugs.”

Students generally agree that the revision will give more students the chance to escape past offenses and improve their situation by earning a degree.

“This revision is a positive move in letting people who may have made prior mistakes with abusing drugs get their lives together by getting financial help in order to get an education,” Lauren Maher, senior political science major and chairwoman of College Republicans, said. “This will help these people become productive members of society, rather than abusing drugs which could lead to violence and harm to others and themselves.”

Kathleen Hunker, a junior political science and history major, said students’ pasts should not bar them from an education.

“If they’re willing to put time and energy into applying to a college or university, I think they should be given the opportunity to rehabilitate themselves,” she said. “After all, this country was founded on people seeking second chances.”