Education Can Be A Dangerous Thing

WHEN YOU GO TO A MOVIE, whether you take the flick or not, the last thing you want is for the projector to break down several times, disrupting the event and confusing the audience.

And both opponents and supporters of the law linking federal financial aid to draft registration, have undoubtedly felt much the same frustration this summer, sitting through the inept implementation of the so called Solomon Amendment.

Proponents of the legislation argue that students who break the law do not deserve the benefits of society. Opponents counter that the law discriminates against those who rely on financial and to go to college However, now that the Supreme Court has given the go ahead for the Department of Education to implement the law for the '83-'84 school year the arguments are somewhat moot What is clear, especially to college financial and officials nationwide furiously mailing registration certification forms to their students, is that the Solomon Amendment has become one big headache--unnecessarily.

Last July Rep Gerald Solomon (R N Y) masterfully steered the amendment through Congress on the coattails of a bill winning speedy approval in a voice vote. But the case with which it was enacted lies in sharp contrast to the measure's convoluted enactment eight month later Over the spring it has become a game to see who is more confused the college financial and officials receiving the convoluted signals or the Department officials who are giving them.

Blame for mismanagement of the Solomon Amendment, however, does not all belong to the Department of Education Trouble started in March when federal district court judge Donald A Alsop invalidated the amendment as unconstitutional because he said it violated citizens' right against self-incrimination and punishment with out a trial Alsop ordered the Department to stop implementation of the law, which would have required students applying for federal financial aid to indicate on their aid form that they had registered for the draft. Students and college officials ignored the requirement accordingly, reasoning that, even if the Supreme Court overruled Alsop's decision, there would be no time to implement the law for the '83-'84 school year.

But in late June, the Court issued an indefinite stay of the lower court decision, allowing the Department of Education to carry out the policy until the justices can rule on its constitutionality later this year. The ruling gave the Department of Education only three days to implement a policy due to go into effect July 1. The Department decided to plough ahead and enact the legislation as planned, granting first one-, then two-month extensions on the July deadline.

BUT THE NEW September 1 cutoff is not a great deal of help for colleges that must still track down students who never saw the certification from because they were away from home during the summer. While it does give colleges another month to chase, the extension still does not ensure that schools will be able to contact students before the regulations take effect--so colleges will not be able to disburse aid in September, when many grants are distributed to students.

A simple solution is a longer extension that would carry into late fall when almost all colleges are in session. This would give financial and officials an opportunity to corral recipients when they register in the fall and facilitate a smooth implementation of the Solomon Amendment.

This is the thrust of a one month extension proposal made by Sen. Daniel P. Moynihan (D.N.Y.), which passed the Senate yesterday Rep Solomon has opposed this extension because he says it would subvert the intent of the law insteal of providing colleges with more time. However, if the law is to be carried out currently--it is only non-registrants who should be deprived of aid--not those who get caught in a bureaucratic snafu. In fact, Moynihan supports the bill but understands that if the Department of Education is going to do something, it should be done right--even if it takes one more month. The House of Representatives should take the Senate's lead and extend the deadline.

But the month-long extension would not mask the Department of Education's serious lack of communication with the schools through the process. After the district court invalidated the law in March the Education Department refused to make a public comment telling schools how to handle the Solomon Amendment. Colleges were left unable to answer student questions on the matter. Eventually, and grudgingly. Education Department officials indicated in June in the Federal Register that the law was void but did not ask colleges to tell their students.

ONCE THE SUPREME COURT set aside the lower court ruling this month even more confusion arose. The Education Department decided to implement the law for the '83-'84 school year, without consulting any financial aid officers Once the aid officers made it clear that the deadline was unfeasible, the Department granted the 30-day extension but did not publicize it. Four days after the extension had been finalized, some financial aid offices, including Harvard's did not even know they had been given an extra month. Even after the deadline issue finally cleared up earlier this week, admissions officials around the country still had questions which government officials left unanswered. For instance, schools are unsure how to handle students who have not yet turned 18 years old.

Part of the confusion stems from differing interpretations of the law's purpose, Rep. Solomon contends that citizens who do not live up to their responsibilities do not deserve governmental benefits. But Selective Service officials have said the law is there also to force non-registrants to sign up and have denied that it is a punishment.

These philosophical inconsistencies simply underscore the confused administration of the Solomon Amendment. Showing zero coordination and as little communication, the Education Department has handled the law's implementation poorly and colleges like Harvard are suffering because of that ineptitude. The House should pass the Moynihan amendment approved in the Senate this week so students do not needlessly lose already stringent federal aid. Congress should also use the last six months as a case study in how not to administer a controversial new law.