STUDENTS LOSE FEDERAL AID FOR DRUG OFFENCES

The war on drugs has claimed many unnoticed casualties, including
thousands of current and potential college students.

Because of a little-known federal law, many college students are
stripped of or denied federal aid because of a drug conviction every year.

Added in 1998 to the Higher Education Act by Congressman Mark Souder
(R-IN), the drug provision made it impossible for students with prior
drug convictions to receive any financial aid. The provision had
destroyed or at least delayed the educational goals of more than
150,000 would-be students. Due to much lobbying by students, the law
was scaled back earlier this year to include only those convicted
while attending college.

"It's definitely a victory," said Tom Angell, campaign manager for
Students for Sensible Drug Policy. "It's the first time a federal
drug law has been scaled back in nearly a decade."

SSPD is a student-run organization dedicated to the reform of drug
policies and ending the harm that the War on Drugs has caused to young people.

Though the "reach-back" effect of the provision is gone, the battle
is seen by many as only half over as the law still continues to strip
students of necessary aid. It is a fact that can be seen as a serious
social problem.

"We think that blocking education will actually encourage drug use,"
said Angell. "The law hurts society as a whole by removing productive
members from it."

It may seem justified that breaking the law can result in a loss of
federal aid. However, the law only applies to drug convictions. This
means that a convicted murderer or rapist can still get financial
aid, while someone convicted of misdemeanor possession of marijuana
cannot. There is also no conclusive proof that the provision deters
drug use - the major reason the provision was implemented in the first place.

"Most students aren't even aware of this law until it's too late," said Angell.

On March 22, SSPD, in conjunction with the American Civil Liberties
Union, filed a class action lawsuit against the Department of
Education calling for the full repeal of the provision. Their claims
state that provision violates the Double Jeopardy clause of the
Constitution. Due to minimum GPA requirements for financial aid, the
provision will only affect students doing well in school. Because of
discriminatory enforcement of drug laws, the provision will still
unfairly affect minorities. And because of the need for financial
aid, the provision will only target low to middle income families.

"Students are tired of having access to education destroyed as
collateral damage in the War on Drugs," said Kris Krane, executive
director for SSDP, in a press release on Aug. 29. "We know firsthand
these punitive politics hurt us instead of help us." she said

Neither Congressman Souder nor the Department of Education could be
reached for comment.

Opinions here at the University of Northern Iowa seem to favor
looking at cases individually.

"I support taking a balanced approach to the issue, said Ed Barry
Associate Vice President and Dean of Students. "The main focus of a
university is to allow people to get a degree and we wouldn't want to
strip away that opportunity if we could avoid it,"

Others Agree

"I come from the perspective of an alcohol and drug abuse councilor,
said Julie Barnes coordinator of UNI Substance Abuse Services. "There
are times where treatment would be more effective."

There are elements of the lawsuit that she doesn't agree with.

"It's the right of an institution to have its own code that's more
stringent than the law," said Barnes. "For instance it's legal to
have a keg but we don't allow them on campus. The part about (the
provision) being a violation of double jeopardy doesn't ring true with me."

She does acknowledge that the provision probably doesn't deter drug use.

"A lot of students probably aren't even aware of this law," she said.
"And I don't think people are thinking about this law as they are
lighting up a joint."

SSPD makes their intentions clear: That they will not rest until
students stop being hurt by the War on Drugs.

"It's hard to imagine what a perfect world in terms of drug laws
looks like," said Angell. "But robbing students of their education is
not the answer."