Pubdate: Wed, 10 May 2006
Source: Chicago Tribune (IL)
Copyright: 2006 Chicago Tribune Company
Contact:  http://www.chicagotribune.com/
Details: http://www.mapinc.org/media/82
Note: SSDP's state-by-state report and data may be downloaded from 
http://www.ssdp.org/states
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/people/Mark+Souder
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)

LOAN DENIED

Eight years ago President Bill Clinton signed into law a novel 
approach to fighting illegal drug use. The law said if you are 
convicted of a drug crime, the government won't help to underwrite 
your college education. The Department of Education says 189,000 
college aid applicants have since been turned down because of drug records.

Indiana has had the highest rate of rejected applicants, according to 
an analysis by Students for Sensible Drug Policy. Ironically, the law 
was sponsored by Rep. Mark Souder (R-Ind.). The data show that 8,903 
of Indiana's 1.8 million applicants (0.5 percent) for federally 
backed college loans, grants and work-study jobs have been rejected 
since the law took effect in the 2000-01 school year. In Illinois, 
8,071 of 3.2 million applicants have been rejected, about the national rate.

The law has been criticized by colleges and, not surprisingly, by a 
fair number of students. But the law is not drastic. Students can't 
get aid for a year after a conviction for drug possession and for two 
years after a second such offense. The ban is two years if they are 
convicted of selling drugs.

Two years ago this page was ambivalent because the law could affect 
high schoolers who had no idea they could face such a penalty. 
Fortunately, Congress fixed that in February. At Souder's urging, the 
law was changed so it would apply only to drug crimes committed while 
a student is enrolled in college, not to earlier offenses.

And students can restore their eligibility for aid if they complete a 
rehab program. The law is not intended to deny access to college 
students who are caught using drugs. It is intended to deter them 
from use--and it gives them a way to make amends and restore their eligibility.

The American Civil Liberties Union has challenged the law in a 
federal lawsuit on behalf of Students for Sensible Drug Policy and 
four college students. The students, who include a freshman at Ball 
State University in Indiana, lost aid after convictions for marijuana 
use. They contend that the law violates their constitutional 
protection against double jeopardy.

That's flimsy. The government isn't reprosecuting, it's withholding a 
benefit. Too bad the resources spent challenging the law won't go to 
making students aware of the law, aware of their options to restore 
their aid status and aware that illegal drug use has consequences. 
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MAP posted-by: Richard Lake