Pubdate: Mon, 27 Mar 2006
Source: Daily Free Press (Boston U, MA Edu)
Copyright: 2006 Back Bay Publishing, Inc.
Contact:  http://www.dailyfreepress.com/
Details: http://www.mapinc.org/media/796
Author: Chloe Gotsis

STUDENTS SUE GOVERNMENT FOR DENYING AID TO DRUG OFFENDERS

Students Sue Government For Denying Aid To Drug Offenders

Citing civil rights infringements, a student organization is suing
the United States Department of Education Secretary Margaret
Spellings for denying financial aid to students who have been
convicted of drug misdemeanors.

According to the Students for a Sensible Drug Policy v. Spellings
lawsuit, the ACLU, which filed the suit on behalf of the SSDP, is
accusing Spellings of violating students' rights under the due
process clause by "singling out, for denial of financial aid, the
category of individuals with a controlled substance conviction."

According to the lawsuit, the provision also violates the double
jeopardy clause of the Fifth Amendment, which prevents multiple
punishments for the same offense. The ACLU states in the suit that
Spellings and the DOE are unconstitutionally punishing students by
revoking their financial aid because of a drug conviction they
already received a punishment for in a court of law.

"We think it's counter-productive to block access to education
students with drug convictions," said Tom Angell, campaigns director
of the SSDP. "It's intended to stop drug abuse but it actually
endorses drug abuse by kicking students out of school. Murderers and
rapists are eligible to receive financial aid while a student caught
with one marijuana cigarette is automatically denied."

If the court rules in favor of the SSDP, Angell said students who
were previously denied financial aid because of drug convictions
would be able to reapply.

The provision in the HEA has been criticized by approximately 200
prestigious health and education organizations such as the American
Public Health Association, the American Federation of Teachers, the
American Bar Association and the Association for Addiction
Professionals, the ACLU said in a press release.

The lawsuit also states that the provision unfairly targets racial
minority groups such as African Americans, who account for 62 percent
of those drug convictions.

According to Boston University spokesman Colin Riley, BU has not had
any students lose their financial aid because of drug convictions.

"The university's policy is to comply with the federal law, " Riley said.

Angell estimated the lawsuit would not be heard in court for at least
three months.

The ACLU filed the class-action suit on March 22 on behalf of the
SSDP, a student organization working towards creating an alternative
solution to the U.S. drug abuse problems. The SSDP is asking the
Supreme Court to repeal a provision of the Higher Education Act that
denied aid to students on the basis drug convictions, according to a
March 22 ACLU press release.

The law currently denies federal aid to 35,000 students a year
nationwide because of drug convictions, according to a March 22
article in The New York Times.

The HEA was created more than forty years ago in an effort to
distribute higher education aid to students on a need-basis. In 2000,
the HEA instituted a mandate for federal judges to automatically deny
federal aid to students with drug convictions.

Before the 2000 provision, judges had the option to deny federal aid
based on drug convictions, but they chose not to in 99.8 percent of
the cases, according to the ACLU press release.

The SSDP filed the lawsuit to represent 200,000 students who have
lost their aid due to drug convictions since 1998, the Times reported.