Pubdate: Mon, 3 Apr 2006
Source: Central Michigan Life (Central MI U, MI Edu)
Copyright: 2006 Central Michigan Life
Contact:  http://www.cm-life.com/
Details: http://www.mapinc.org/media/2808
Author: Jen Marckini, Senior Reporter
Cited: Students for Sensible Drug Policy http://www.daregeneration.com
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?219 (Students for Sensible Drug Policy)
Bookmark: http://www.mapinc.org/find?247 (Crime Policy - United States)

ACLU TO CHALLENGE FINANCIAL AID DRUG PENALTY

A prominent national registered student organization is seeking 
student-plaintiffs for a class action lawsuit filed by the American 
Civil Liberties Union last week.

Students for Sensible Drug Policy (SSDP), in partnership with the 
ACLU, is challenging a federal law that takes away financial aid from 
college students with drug convictions.

CMU has yet to be affected by the federal law, said Mike Owens, 
associate dean of students and interim director of Scholarships and 
Financial Aid.

He said the university has not had a single case in which a student 
lost eligibility with the consequence of the drug penalty law.

"The impact of this law is on a small number of people," Owens said. 
"They see financial aid as a privilege."

The class action suit claims the ban unconstitutionally punishes 
students twice for the same offense, violating the Double Jeopardy 
Clause of the U.S. Constitution's Fifth Amendment, according to the 
ACLU. It also dubs a class of people, those with drug convictions, as 
unworthy of educational aid, which violates the equal protection 
guarantee of the Fifth Amendment's Due Process Clause.

The ACLU and SSDP are calling the law unfair and unconstitutional. 
Members are asking the court to strike down a provision of the Higher 
Education Act, which has blocked financial aid to about 200,000 
would-be students since 2000.

Margaret Spellings, U.S. Department of Education secretary, is the 
named defendant in the lawsuit. The case, SSDP v. Spellings, is filed 
in the U.S. District Court for the District of South Dakota.

Convicted drug felons risk losing their rights and privileges, Owens 
said, which consequently stands as a barrier to accessing college 
financial aid. Whether the law is right or not is moot, he said, 
because all colleges and universities that disperse federal aid must 
play by federal rules.

The suit also claims the ban disproportionately affects working class 
students who rely on financial aid to complete their education, 
according to the ACLU.

Diane Fleming, associate director of client services of Scholarships 
and Financial Aid, said students can regain aid eligibility because 
there are avenues around it.

"We've had no students affected by it," she said.

Fleming said the current law has been in effect since 1998, the year 
the financial aid act was re-authorized.

"In a society with limited resources, Congress certainly has the 
right to impose legislation they feel is important," she said. "I'm 
not sure if I agree with it per say, but there are actions students 
take that limit their options."

[sidebar]

MORE INFORMATION

* Students can visit www.ssdp.org/lawsuit to get more information.

* Anyone affected by the aid elimination penalty should e-mail  or call (202) 293-4414 to obtain further information 
about the class action lawsuit. 
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MAP posted-by: Richard Lake