Pubdate: Fri, 21 Apr 2006
Source: Milwaukee Journal Sentinel (WI)
Copyright: 2006 Journal Sentinel Inc.
Contact: http://www.jsonline.com/news/editorials/submit.asp
Website: http://www.jsonline.com/
Details: http://www.mapinc.org/media/265
Author: Megan Twohey
Bookmark: http://www.mapinc.org/hea.htm (Higher Education Act)
Bookmark: http://www.mapinc.org/find?219 (Students for Sensible Drug Policy)

DRUG LAW CUTS OFF STUDENT AID

3,000 In State Denied Funding, Release Shows

Nearly 3,000 Wisconsin students have been denied  financial aid for 
college under a federal law that  remains controversial even as it 
undergoes  reform.

The law prohibits people who have been convicted of  selling or 
possessing drugs from receiving Pell Grants  and other forms of 
federal financial aid. Since 2000,  it has been used to refuse 
assistance to more than  189,000 needy students, including 2,897 in 
Wisconsin,  according to a state-by-state breakdown released for  the 
first time by the U.S. Department of Education.

Wisconsin legislators are pushing for a state version  of the law, 
arguing that college students with drug  offenses are undeserving of 
any form of taxpayer aid.

But critics say the federal law amounts to double  jeopardy, and that 
children from low-income families  are being denied the right to 
pursue a higher  education.

"It's really unfair," said Nathan Bush, a junior at the  University 
of Wisconsin-Madison, who is a plaintiff in  a federal lawsuit 
challenging the law.

The Kenosha native, whose parents are public school  teachers, stands 
to lose thousands of dollars in  federal aid after pleading guilty in 
January to a  misdemeanor charge of possessing marijuana. He doesn't 
know how he will be able to pay for his senior year.

"I'm from a working-class family," said Bush, who works  two jobs. 
"We're not going to be able to make up the  slack."

Congress passed the federal law as an amendment to the  Higher 
Education Act in 1998. As a result, applications  for federal 
financial aid include this question: Has  the student ever been 
convicted of possessing or  selling illegal drugs?

It's a self-reporting system; according to the  statistics released 
by the U.S. Department of  Education, more than 260,000 students left 
the drug  conviction question blank in 2000-'01 school year and  had 
their forms processed. Those who answer "yes" are  sent an additional 
worksheet that they must fill out.

Under the law, students are to be denied federal  assistance if they 
admit to being convicted in state or  federal court. Convictions that 
occurred before  students turned 18 don't count unless they were 
tried as an adult.

Students convicted of possession lose one year of  assistance for 
their first offense, two years for a  second offense, and become 
ineligible indefinitely for  a third. A first-time conviction for 
selling drugs  makes a student ineligible for two years, the second 
offense results in indefinite ineligibility. Drug  offenders can 
regain eligibility if they complete a  federally recognized drug 
treatment program.

The law, estimated to have cost students as much as $54  million in 
Pell Grants and as much as $164 million in  federal loans per year, 
targets no other class of  criminal behavior. Convicted rapists and 
murderers are  not denied aid.

More than 250 organizations have come out against it,  including the 
American Bar Association, the American  Public Health Association, 
the American Federation of  Teachers and the Evangelical Lutheran 
Church in  America. Opponents have argued that the law 
prohibits  drug offenders from improving their lives and serves 
no  benefit to society.

In response to criticism, Congress passed a measure in  February that 
limits ineligibility to only those  students convicted of drug crimes 
while receiving  financial aid. It's a change that will be 
implemented by the U.S. Department of Education starting 
this  summer, even though the measure was part of 
broader  legislation that is caught up in litigation due to 
a  technical mistake, said Jane Glickman, a department  spokeswoman.

But Adam Wolf, staff attorney at the American Civil  Liberties Union, 
said even with the revision to the  law, "underlying injustice remains."

In a complaint filed in federal court in South Dakota  last month, 
the civil rights organization called for  the law to be declared 
unconstitutional on the grounds  that it irrationally targets people 
convicted of drug  sentences and punishes these students for the same 
crime twice. Bush of UW-Madison is one of three  students named as plaintiffs.

The ACLU said access to higher education is being  denied to those 
with a drug conviction who are not  sufficiently wealthy to pay for 
college themselves. The  law, it said, discriminates against racial 
minority  groups because U.S. Justice Department statistics 
that  show that African-Americans constitute 12% of the 
U.S.  population and 13% of drug users, but account for more  than 
62% of those convicted of drug offenses.

The U.S. Department of Education is reviewing the  complaint, 
according to a written statement released by  Glickman, but the 
agency appears to support the law.

"Congress sought to discourage illegal drug use by the  nation's 
youth by passing this restriction on federal  student aid in 1998," 
the statement says. "The  department supports Congress' efforts to 
decrease  illegal drug use, and protect the health and safety of  all 
our nation's students, from pre-school to adult."

State considers similar law

Last month, Wisconsin's state Assembly passed a bill  that would deny 
state-funded financial aid to college  students convicted of 
possessing or selling drugs.  Similar bills in the state Senate have 
not made it out  of committee. Some senators said they prefer to wait 
for the federal changes to be sorted out before passing  a state 
version of the law.

"We don't have enough state money to satisfy all the  applications 
for financial aid," said Rep. Eugene Hahn  (R-Cambria) who authored 
the Assembly bill. "This is a  way to say that if you don't want to 
play by the rules,  we'll give your money to other people who need it."

The U.S. Department of Education released the  state-by-state 
breakdown of students affected by the  federal law in response to a 
public records request by  Students for Sensible Drug Policy, a 
non-profit  organization made up people who have been or will be 
denied financial aid under the law.

The group, which made the information public this week,  hopes 
legislators and the public will oppose the law  once they discover 
how it is affecting their state.

The department resisted releasing the numbers. At  first, it tried to 
charge the organization $4,000 for  the information, dismissing 
arguments that the  information should be released for free because 
it is  in the public's interest and because Students for  Sensible 
Drug Policy have no commercial interest at  stake.

"A review of contents of SSDP's campaign and the  materials you 
submitted in connection with your fee  waiver request reveal that the 
principal goal of your  organization is to 'end the war on drugs,' " 
the  department told the organization in a letter dated  September 
2005. "As SSDP's campaign could directly  benefit those who would 
profit from the deregulation or  legalization of drugs, I cannot 
conclude, based on the  information you have made available to me, 
that SSDP  has no commercial interest in the disclosure sought."

The department agreed to turn the numbers over free of  charge only 
after the organization retained legal  counsel and threatened to sue.
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MAP posted-by: Beth Wehrman