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.