Pubdate: Sun, 26 Mar 2006
Source: Star Press, The (IN)
Copyright: 2006 The Star Press
Contact:  http://www.thestarpress.com/
Details: http://www.mapinc.org/media/1925

BALL STATE STUDENT PART OF CLASS-ACTION SUIT OVER LAW

MUNCIE -- The American Civil Liberties Union filed a class-action
lawsuit in a South Dakota court last week, challenging the
constitutionality of a federal law that denies financial aid to
college students convicted of drug offenses.

One of the plaintiffs named in the case is Ball State University
student Alexis Schwab, a 20-year-old from North Judson, Ind.

The ACLU is now canvassing the country, looking for other plaintiffs
affected by the provision, which ACLU reps say punishes people for
the same offense twice and can make education difficult for some
students to obtain.

Schwab has referred all questions to her ACLU attorney, Adam Wolf,
who works for the organization's Drug Law Reform Project.

Wolf has said the law "creates an unfair and irrational barrier to
education and singles out working class Americans." The ACLU claims
that about 200,000 college students have lost their financial aid
because of the law, which it said targets low-income and minority
students.

In Schwab's case, the Ball State public relations major was sentenced
to community service in August for marijuana possession.

It was her first offense, and Wolf said she had "less than a gram" of
marijuana on her at the time, enough for two cigarettes.

The drug law, written by Rep. Mark Souder, R-Ind., is a provision of
the Higher Education Act (HEA), enacted in 1965 to dispense financial
aid to students based upon need.

According to the U.S. Department of Education, 63 percent of U.S.
college students received financial aid under the HEA during the
2003-04 academic year. About 14 million Americans apply for federal
aid annually, according to DOE statistics.

Implemented in 2000, Souder's drug law makes it mandatory for judges
to revoke student aid as part of a drug conviction sentence. The
provision applies only if a student is convicted of a drug offense
while enrolled at a college or university.

Those facing loss of aid indefinitely can, however, get that lifted
by completing a drug rehabilitation program.

Souder told The Journal Gazette last week that he did not take the
lawsuit seriously.

If the federal court does not toss out the case, he said, "It will
force taxpayers to spend more money defending the law -- money that
could be spent on education."

The ACLU filed the suit on behalf of individual students like Schwab
and those belonging to the national organization, Students for
Sensible Drug Policy (SSDP).

Students in the group have been directly affected by the law and have
lobbied for its repeal since 2000.

Because of the law, Schwab would become ineligible for financial aid
next year.

This year, she had a Pell grant of about $4,050 to help with the cost
of Ball State's tuition. It costs about $13,200 to attend the
university, including room and board.

Now, she will have to take out a loan to remain enrolled at Ball
State, according to the lawsuit.