Pubdate: Thu, 23 Mar 2006 Source: Baylor Lariat (TX Edu) Page: Front Page Copyright: 2006 The Baylor Lariat Contact: http://www.baylor.edu/Lariat/ Details: http://www.mapinc.org/media/717 Author: Rebecca Lilley, reporter Cited: American Civil Liberties Union http://www.aclu.org/drugpolicy/ Cited: Students for Sensible Drug Policy http://www.daregeneration.com Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act) Bookmark: http://www.mapinc.org/find?225 (Students - United States) Bookmark: http://www.mapinc.org/find?219 (Students for Sensible Drug Policy) Bookmark: http://www.mapinc.org/find?247 (Crime Policy - United States) SUIT TACKLES FINANCIAL AID, DRUG CRIMES Students denied federal financial aid could get their money back if a lawsuit against the Department of Education is successful. The Students for Sensible Drug Policy organization partnered with the American Civil Liberties Union to file a lawsuit Tuesday against legislation preventing students with drug convictions from receiving federal financial aid. Margaret Spellings, secretary of the U. S. Department of Education, was named the defendant in SSDP v. Spellings, which was filed in the U. S. District Court for the District of South Dakota. In 2000, a provision of the Higher Education Act prevented any student with a drug conviction from receiving federal financial aid. The law was enacted as a part of the war on drugs and was designed to reduce drug use by college students. Since 2000, the law has affected almost 200,000 students. "The law was intended to reduce drug use, but it causes more by kicking students out of school, which is irrational," said Tom Angell, campaigns director for the Students for Sensible Drug Policy. Adam Wolf, a staff attorney at the ACLU Drug Law Reform Project, said the law affects all university students, not just larger, state schools. "The law affects students across the country, whether the school is public or private," Wolf said. "Students in private schools would be affected because of larger tuition." Because private school tuition is higher than state schools', students receive more financial aid to help pay for school. Tom Angell said the Students for Sensible Drug Policy has had some success getting Congress to scale the law back, but now it wants the entire law repealed. The Free Application for Federal Student Aid has a question that requires students to say if they have been convicted of possessing or selling illegal drugs. "We want the drug conviction question taken off the financial aid application," Angell said. The lawsuit says the Higher Education Act violates the U.S. Constitution's Fifth Amendment's double jeopardy clause and the equal protection guarantee in the due process clause. "Double jeopardy protects Americans from being punished twice for the same crime," Wolf said. "Students are being punished once by the courts, then again by the education system. The students have already paid their debt to society and want to move in a positive direction, but the government says no." Angell said the Students for Sensible Drug Policy has a better idea for reducing drug use. "We think allowing hard-working and determined students to get a degree and enter the work force will decrease drug use among college students," Angell said. Cliff Neel, assistant vice president and director of academic scholarship and financial aid, said the legislation will not have much effect on Baylor students. "We haven't had many students answer 'yes' to the drug conviction question, so it won't affect Baylor students that much," Neel said. "It's so small a number, it hasn't come up a lot." - --- MAP posted-by: Richard Lake