By Kelly Rayburn
Daily Bruin Contributor
The passage of California’s Proposition 36 may have an
effect on who will be eligible for financial aid under Federal
Application for Student Aid guidelines.
Currently, the federal government can cut financial aid from
students who have been convicted of a drug-related crime.
But Proposition 36, which passed by a 22 percent, could help
students clear their record of the conviction before they apply for
aid. The proposition authorizes dismissal of certain non-violent
drug charges after completing rehabilitation.
A person able to get their record cleared, under Proposition 36,
before filling out the FAFSA could benefit from California’s
new policy.
“If you’re convicted of possession, and you complete
your treatment program ““ and this means that you go back to
court, and they say you’ve completed your program ““ you
can be cleared, then you can say “˜No, I don’t have any
drug convictions,'” said Proposition 36 spokeswoman
Whitney Taylor.
Proposition 36 also provides for payment if the convicted person
cannot afford treatment, Taylor said.
But UCLA Financial Aid Compliance Officer Nick Valdiva said the
financial aid program already provides a way for students convicted
of drug-related crimes to get their aid back.
“Currently if an individual goes through a rehabilitation
process he can regain eligibility for aid,” Valdiva said.
Question number 26 of the FAFSA asks if the applying student has
ever been convicted of a drug-related crime. According to FAFSA
guidelines, students convicted of such crimes can be ineligible for
federal financial aid.
Proposition 36 calls for probation and drug treatment ““
not incarceration ““ for possession, use and transportation of
illegal drugs.
Many students said the current financial aid policy is
discriminatory, targeting lower-income students, because a student
whose family can afford to pay the full registration fees is not
affected by the FAFSA guidelines, while a student dependent on
federal aid could face negative consequences if convicted of a drug
crime.
“Financial aid should not be tied in with drug crime
punishments,” said George Benson, a third-year computer
science engineering student. “There is an extra penalty for
low-income students.”
If the policy is discriminatory, then Proposition 36 may not
help much, according to Valdiva.
“It doesn’t set aside any new convictions,” he
said.
Existing drug convictions cannot be overturned by Proposition
36. Those convicted while receiving aid, Valdiva continued, can
already go to treatment and regain eligibility.
Taylor added that those students with drug records outside of
California cannot be helped by the proposition.
The FAFSA treatment plan includes two random drug tests.
Congress included the drug provision in the Higher Education Act
of 1998.
For the 2000-20001 school year, students could leave the drug
history question blank and still be eligible for federal aid.
But Valdiva said that might change next year.
This year almost 794,000 students did not answer the question.
About 7,000 students are receiving partial or no federal assistance
for admitting to previous drug convictions, according to the U.S.
Department of Education.