Pubdate: Thu, 23 Mar 2006
Source: Journal Gazette, The (IN)
Copyright: 2006 The Journal Gazette
Contact:  http://www.fortwayne.com/mld/journalgazette/
Details: http://www.mapinc.org/media/908
Author: Associated Press
Cited: American Civil Liberties Union http://www.aclu.org/drugpolicy/
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?247 (Crime Policy - United States)
Bookmark: http://www.mapinc.org/people/Mark+Souder

INDIANA STUDENT PART OF CHALLENGE TO FEDERAL DRUG LAW

FORT WAYNE, Ind. - A Ball State University student is among those
suing the federal government over a law that blocks financial aid to
college students with drug convictions.

The lawsuit filed Wednesday in federal court in South Dakota claims
that the law punishes people, including 20-year-old Alexis Schwab of
North Judson, twice for the same offense and makes education difficult
for some students to receive.

Under the law, written by Rep. Mark Souder, R-Ind., students lose all
or part of the eligibility for federally subsidized college loans or
grants if they are convicted of drug offenses while enrolled at a
college or university.

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

The American Civil Liberties Union, which filed the lawsuit on behalf
of Schwab and two other students, said that about 200,000 college
students have lost their financial aid because of the law, which it
said singles out low-income and minority students. The lawsuit argues
that wealthy students with drug convictions do not need financial aid.

"While any non-drug offender, from a murderer to a shoplifter, can
receive financial aid, an individual who is caught with any amount of
a controlled substance, including a small amount of marijuana, is
automatically denied aid by the federal government," the lawsuit said.

But Souder told The Journal Gazette for a story Thursday 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."

A spokeswoman for the U.S. Department of Education said the agency
could not comment on pending litigation.

Schwab, a public relations major at Ball State, was sentenced to
community service in August for marijuana possession. It was her first
offense, and ACLU attorney Adam Wolf said Schwab had "less than a
gram" of the drug - enough for two marijuana cigarettes.

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 in Muncie, including room and board.

Now, she will have to take out a loan to remain enrolled at the
college, according to the lawsuit.
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MAP posted-by: Steve Heath