Pubdate: Tue, 04 Apr 2006 Source: Northern Light (U of AK, Anchorage, Edu) Contact: 2006 The Northern Light Website: http://www.thenorthernlight.org Details: http://www.mapinc.org/media/4128 Author: Kyle von Bose Cited: Students for Sensible Drug Policy http://www.daregeneration.com Cited: American Civil Liberties Union http://www.aclu.org/drugpolicy/ Cited: Free Application for Federal Student Aid http://www.fafsa.ed.gov/ 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/people/Mark+Souder ACLU DEFENDS STUDENT DRUG OFFENDERS If a recent lawsuit filed on behalf of a student organization proves successful, college students who have been denied federal student aid because of drug convictions may be entitled to once again receive government aid. On March 29 the American Civil Liberties Union filed a case in a South Dakota federal court on behalf of the organization Students for Sensible Drug Policy, which is seeking to repeal a drug amendment to the Higher Education Act. The amendment, sponsored in 1998 by Rep. Mark Souder, R-Ind., denies federal student aid such as Stafford Loans and Pell Grants to students with drug convictions. The SSDP claims that education penalties against students convicted of drug charges are unconstitutional because they punish a person twice for the same infraction, which SSDP says is a violation of the double jeopardy clause of the U.S. Constitution's Fifth Amendment. The organization says that because convicted drug offenders have already been dealt with by the criminal justice system, they have already paid their debt to society. Furthermore, the SSDP says that putting up roadblocks between people with troubled pasts and an education does nothing to solve our nation's drug and crime problems. They say students who shy away from higher education because of past drug charges are more likely to fall into drug abuse or commit crimes, rather than become productive members of society. Keri Meagher, a pre-med student at UAA, thinks that no matter how many drug offenses a person has, they should not be denied a chance to get an education. "Many nontraditional students who try to go back to school are easily discouraged by any kind of setback, whether it's past poor academics or a minor drug conviction," Meagher said. Jason Wilson, a senior economics major at UAA, also agrees with the SSDP and ACLU's case. "I think it's ridiculous that they won't allow students to have student aid if they have drug convictions. Because, one-- so many people do drugs. It's part of being a youth in America," Wilson said. "Trying to legislate morality by limiting someone's future is a very foolish thing, it could weed out people that might possibly be the best and the brightest." Supporters of the 1998 amendment say that the limited supply of federal aid money should not be available to students who use drugs. David Glaser and Brittany Cottrel, both sophomores majoring in mechanical engineering, thought that while people who may have one drug conviction should not be denied opportunities for education, students who are repeat offenders shouldn't be eligible for federal student aid. "Being someone who has never used drugs, if (drug offenders) are denied, it's easier for me to get aid," Glaser said. Debbie Mattson, a criminal justice major at UAA, said denying a student drug offender financial aid isn't a bad thing, because there are many students without drug convictions who also need federal student aid. "I think that if going to college is something a person really wants to do, just like any student, they will overcome whatever hurdles they have to," Mattson said. The Department of Education says that 200,000 students each year refrain from answering the drug conviction question included in the Free Application for Federal Student Aid. The Department of Education has acknowledged that they do not independently verify the truth of those who leave the question blank. So those who leave the question unanswered are much more likely to receive aid than those who admit to their crime. In 2000, less than 1 percent of the 1.7 million students who applied for federal aid admitted to a drug conviction. According to the Government Accountability Office, during the 2001-02 to 2002-03 academic years, more than $50 million in Pell Grants and between $100 million and $150 million in Stafford Loans were denied to students because of drug convictions. The GAO report estimates that the number of students affected may be higher, accounting for students who didn't bother to apply for aid, assuming they would be denied. The drug amendment of the Higher Education Act is a "three strikes you're out" policy. Students who are found guilty of one charge are ineligible to receive federal aid for one year. Students found guilty of a second drug conviction will be denied aid for two years, and students with a third charge are disqualified indefinitely or until the charges are removed from their record. In addition, students found guilty of selling drugs immediately receive the two-year ban. If caught selling drugs again they will also receive the indefinite ban. As harsh as the penalties seem, there are ways for students who attend drug rehabilitation to once again become eligible for federal aid. According to the FASFA Web site, students who attend a drug rehabilitation program that includes two unannounced drug tests and is administered or recognized by a federal, state, or local government agency may receive federal student aid. Allan Barnes, a professor of criminology at UAA, said that his personal opinion is that the drug amendment should be overturned. "Young people are going to make stupid mistakes, whether it's hanging out with bad influences, driving too fast, or experiment with drugs," Barnes said. "Young people should not be denied opportunities for education based on stupid, young people making stupid, young mistakes." However, he said in a federal court of law, the main issue will be whether or not the drug amendment actually violates the double jeopardy clause. While the moral issues such as the repercussions of denying people an education may sway the judges to re-evaluate the amendment, it comes down to how the judge interprets the constitution. Barnes perceives that the outcome of the case could go either way but thinks if nothing else, the ACLU is at least making people aware of the problem. For more information or to sign up as a plaintiff in this case, e-mail or call 202-293-4414. - --- MAP posted-by: Richard Lake