STUDENTS: AID LAW UNCONSTITUTIONAL

In 2000, a Federal law came into effect that brought a whole new set
of worries to students convicted of certain drug offense. They can be
stripped of their eligibility for financial aid.

Since then, more than 175,000 would-be students have been denied
financial aid under that prohibition in the Higher Education Act,
according to the American Civil Liberties Union Web site.

Since then, Students for Sensible Drug Policy (SSDP) and the ACLU
have filed a lawsuit that challenges the drug provision of the law
that blocks financial aid to students with drug offenses.

The law was added to the Higher Education Act in 1998, and it became
effective in 2000.

"They have been lobbying against it ever since," said Tom Angell,
Campaigns Director for SSDP.

The lawsuit argues that stripping students of financial aid because
of drug offenses unconstitutionally punishes them twice for the same
offense; a move the lawsuit contends violates the double jeopardy
clause of the U.S. Constitution's Fifth Amendment.

"I think everybody recognizes this is a bad idea," said Allen Hopper
for the ACLU.

Hopper said judges have the power to take away financial aid when
people are sentenced, but 99.8 percent of the time, they choose not to.

"They recognize that the worst way to punish them is to kick them out
of school," Hopper said.

The SSDP and the ACLU decided to challenge the law in the courts with
a class action lawsuit. This means a few individuals represent an
entire group of people.

"We have a real shot at getting this law stricken from the books," Angell said.

The ACLU and SSDP worked hand in hand on the project. The ACLU did
legal research, and the SSDP did its part by finding individuals to
represent the case.

However, there was not as much interest as they would have liked.

"Being affected by this law is not something people are looking to
advertise," Angell said.

Eventually, three plaintiffs stepped forward who were willing to say
the law affected them.

"We went to South Dakota where one of the plaintiffs was from and
filed a lawsuit in Federal Court," Angell said.

The lawsuit was filed in March, and they are waiting to hear the
government's response.

"These types of things tend to move very slowly. It will probably be
a few months before we are in court," Angell said.

Drug offenses are the only ones that have an effect on financial aid.
Other offenses such as murder or theft are not considered, and
students can be denied aid even if the drug convictions occurred
before the law was enacted, according to the ACLU Web site.

"If someone makes a mistake in outside activities, they should not be
penalized in every aspect of their life," junior psychology major
Michael Phelps said.

Phelps compared stripping financial aid from students with drug
convictions to someone getting a speeding ticket and getting fired
from work. "The statement is over-exaggerated, but the concept is the
same," Phelps said.

The law was eased this past February when Congress passed a measure
that stated juvenile offenses will not count in the calculation of
financial aid.

Also, drug offenders can regain eligibility by completing certain
drug treatment programs that are outlined in the Free Application for
Federal Student Aid.

The complaint is posted online at www.ssdp.org/lawsuit.

Hopper and Angell both encourage any students who have been affected
by the law to get involved.