Pubdate: Mon, 24 Apr 2006 Source: Portland Press Herald (ME) 060424collegeaid.shtml Copyright: 2006 Blethen Maine Newspapers Inc. Contact: http://pressherald.mainetoday.com/ Details: http://www.mapinc.org/media/744 Author: Bart Jansen, Washington Correspondent 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) DRUG OFFENSES BLOCK HUNDREDS FROM COLLEGE AID WASHINGTON, D.C. -- Hundreds of Maine college students have lost access to federal financial aid in the past six years because of drug offenses or refusal to answer questions about possible convictions. Critics of the federal policy barring aid to such applicants are trying to overturn it. In Maine, the policy has blocked aid to 669 of 356,394 applicants, according to U.S. Department of Education figures. A state-by-state tally was assembled for the first time this month by the advocacy group Students for Sensible Drug Policy. Maine's rate of rejection - about one in 532 applicants - is below the national average, but the policy remains a concern among those who advocate for students and drug users. "In addition to being morally wrong, I think the law is irrational," said Zachary Heiden, staff attorney for the Maine Civil Liberties Union. "Education is crucial to achieving employment, and that's the best way to keep people away from crime and out of prison." Heiden argued that the law discriminates against the poor because the policy may not affect students with affluent parents who can pay for college without financial aid. And he argued the law is unfair because students convicted of other crimes, including murder, remain eligible for aid. "You can literally get away with murder," Heiden said. Ruth Blauer, executive director of the Maine Association of Substance Abuse Programs, is quoted in the group's report. She warns that stumbling blocks to education could prevent people struggling with addictions from becoming productive. The law "is not a deterrent to drug use; it's a deterrent to recovery," she said. Congress adopted the stricter rules in 1998 as part of changes to the Higher Education Act. A question on the Free Application for Federal Student Aid asks whether the student has "ever been convicted of possessing or selling illegal drugs." The system has rejected 189,065 applicants since the question was added for the 2000-2001 school year. Students are denied aid for one year for the first possession offense, two years for the second offense and indefinitely for more offenses. A first offense for selling an illegal drug renders the applicant ineligible for two years and indefinitely for any subsequent offense. The highest rates of student rejection were in Oregon and California. Rhode Island and Connecticut were among the top states for rejections in New England. Vermont had the lowest rate of applicants penalized. Congress loosened the restriction on Feb. 8. Starting next fall, only convictions while the student is in college will result in lost financial aid. But critics still are trying to overturn the policy entirely. "After years of political posturing and empty promises, Congress has finally helped some students harmed by this misguided policy," said Kris Krane, executive director of Students for Sensible Drug Policy. "But this minor change is just a ploy to sweep the penalty's problems under the rug." The group joined the American Civil Liberties Union, which filed a lawsuit challenging the policy March 22 in U.S. District Court in South Dakota. The lawsuit says the penalty violates the Constitution's Fifth Amendment restriction against punishing someone twice for the same offense. The government's reply is expected within days. - --- MAP posted-by: Jackl