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entire law repealed.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." 
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MAP posted-by: Richard Lake