Pubdate: Wed, 04 May 2005
Source: Minnesota Daily (MN Edu)
Copyright: 2005 Minnesota Daily
Contact:  http://www.mndaily.com
Details: http://www.mapinc.org/media/1280
Author: Cati Vanden Breul
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)
Bookmark: 
http://www.mapinc.org/people/Mark+Souder 

Bookmark: http://www.mapinc.org/youth.htm (Youth)
Bookmark: http://www.mapinc.org/find?219 (Students for Sensible Drug Policy)

SOME PUSH FOR TAKING OUT DRUG PROVISION

The provision in the Higher Education Act penalizes students with drug 
offenses.

Some students are lobbying Congress to remove a provision in the Higher 
Education Act that punishes students with drug convictions.

The provision, added in 1998, denies federal financial aid to students with 
any drug-related offense, including misdemeanor possession of marijuana.

A U.S. House bill introduced in March would remove the drug-penalty 
provision from the Higher Education Act. Student groups around the country, 
including Students for Sensible Drug Policy, are lobbying to get 
legislation introduced in the U.S. Senate that would remove the provision.

"We have been trying to get the HEA provision that denies financial-aid 
funds for drug convictions removed ever since it was put in place," said 
Mary Mullen, a second-year University Law School student and president of 
the student group's Minnesota chapter.

Mullen said the law hurts people who are already in need of help.

"It's absolutely incredible to think that we want to deny people who are in 
trouble access to education," she said. "It denies them the avenues that 
would allow them to change. If the government denies you the ability to do 
something different, you are going to be inclined to take the same path."

But Joel Johnson, president of the Law School Republicans, said it's not 
unreasonable for the government to withhold financial aid from students who 
commit crimes.

"I don't think it's unfair for the government to say that 'We'll give you a 
better opportunity to better yourself with education as long as you follow 
the rules,' " Johnson said.

Students who use drugs in school might not focus as much as those who do 
not, he said.

The law also discriminates against minorities and low-income students, said 
Tom Angell, the Students for Sensible Drug Policy communications director.

"The Higher Education Act was created to make college more accessible and 
affordable, but this provision, added in 1998, really only affects low- and 
middle-income students, because those who are more well-off don't rely on 
financial aid to afford college tuition," Angell said.

Although black people make up only 13 percent of the U.S. population, they 
account for 55 percent of drug convictions, Angell said.

Though the law includes a provision that allows students with drug offenses 
to receive financial aid if they undergo a rehabilitation program, Angell 
said, such programs are expensive and unaffordable for many students.

Education should be provided to help people improve their lives, regardless 
of their income level, he said.

"We should be opening doors," Angell said. "Instead, we are slamming them 
shut."

But by overcoming the loss of financial aid and working to afford college 
in other ways, students can "clean up their act," Johnson said.

"Maybe they work for a year and start up later," he said.

First-time drug-possession offenders become eligible for aid again after 
one year, while students with a distribution charge must wait two years.

Although the law is meant to deter drug use, many students do not know the 
provision exists, Mullen said.

"The deterrent factor doesn't really help; students don't know that this 
will be their punishment," she said.

And students are not thinking about it either, said Natalie Lupo, an 
officer in the University's Student Network for Abuse Prevention student group.

"If someone's going to do drugs, the last thing on their mind is that they 
might be caught and lose their financial aid," Lupo said.

Education about the harm and consequences of using drugs must start early 
to have a preventive effect, she said.

"People use drugs or overdose, and then we scold them, but we don't do much 
to teach them beforehand," Lupo said. "A lot of people say it's common 
sense, but I don't think it is. It must be driven into their minds."

Johnson said that even though he had student loans, he was not aware of the 
drug provision, and for the law to be more effective, the government must 
make students aware it exists. 
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MAP posted-by: Beth