Penn State students worry about exams, money and time management, but a revision to the Higher Education Act (HEA), recently signed into law by President Bush, means they no longer need to worry about precollege drug convictions when it comes to financial aid.
The newest revision to the HEA enables students who weren't in college and receiving federal aid at the time of their drug conviction to apply for federal financial aid. However, students convicted of a drug crime while enrolled in school and receiving federal aid will lose their eligibility.
Penn State Judicial Affairs Director Joe Puzycki said 97 students were convicted of drug offenses last year, slightly fewer than the 121 students convicted the year before. Despite the latest HEA revisions, all of these students are still ineligible for federal loans if they were on aid at the time of their convictions.
Students convicted while on aid lose their eligibility for one year for their first possession offense, two years for their second offense and indefinitely for their third offense.
"I don't condone drug use, but it seems like a very drastic measure to just rip federal funding right out from under students who are convicted of drug charges while on aid," said Greg Howling, president of American Civil Liberties Union of Penn State. "This just seems like discrimination in a different, more politically acceptable form."
The HEA was passed in 1965 to provide aid to students who had been unable to afford college, including drug offenders. In 1998, a revision to the HEA made students who revealed they had prior drug convictions on their Free Application for Federal Student Aid (FAFSA) form ineligible for federal aid.
More than 180,000 students have been directly denied federal aid since July 2000 when the 1998 HEA revision went into effect, said David Guard, director of the Coalition for Higher Education Act Reform (CHEAR).
U.S. Department of Education press secretary Stephanie Babyak said 98 percent of students who answer 'yes' to question 31 on the FAFSA form, "Have you ever been convicted of possessing or selling illegal drugs?" are still eligible for federal aid after completing a worksheet which explains the details of their convictions.
"Most of the time the conviction doesn't affect their eligibility because the offense happened while they were minors or it happened outside of the timeframe that would make them ineligible for aid," Babyak said.
A report by the U.S. Department of Education conveys a similar number of students denied aid. The report cites, as Guard did, that more than 180,000 students have been affected by the 1998 HEA revision.
Chris Perry (sophomore-labor industrial relations) said he also feels students convicted of drug offenses while in school should not lose their eligibility.
"Just because you are on aid when convicted doesn't mean that you were using the loan money to buy drugs, so I think these students should still be able to receive financial aid," he said.
A report released by CHEAR on Feb. 7 showed that 35 states deny educational funding because of drug convictions. However, in Pennsylvania, the state grants financial aid to all or most students despite drug convictions.
"All the Pennsylvania legislature needs to do now is pass a resolution that goes through to the federal level," Guard said.
Jaclyn Goldstein (sophomore-education) said she thinks this change will create opportunities will help to benefit those in need.
"Everyone makes mistakes, but I don't think the consequences should ruin your chances of receiving loans to go to college," she said.



