FINANCIAL AID RESTRICTIONS PUNISH STUDENTS TWICE

It could be a setup for an Ashley Judd movie, Double Jeopardy 2. A
student is convicted of a drug crime, does the time and tries to move
on with his or her life. Some time later, he or she applies for
college and fills out the required federal financial aid forms.

The student is denied financial aid because of the drug crimes on his
or her record.

Congress passed the Drug Provision of the Higher Education Act in
2000. The provision banned federal financial aid to students who have
been convicted of drug crimes, including both felonies and
misdemeanors. Since 2000, the law has affected almost 200,000 students.

A lawsuit filed last week by the American Civil Liberties Union and
Students for Sensible Drug Policy has brought the issue back into
controversy. While the law was intended to reward law-abiding
students with financial aid, its discriminatory nature surpasses the
good intentions of lawmakers.

For one thing, the law denies only students convicted of drug crimes
from receiving aid and ignores students with records of assault,
rape, robbery or other dangerous crimes.

Secondly, it impedes students from making a fresh start for their
future in college. For those struggling to overcome their past and
pave a new life, college offers an important opportunity to gain
skills and knowledge necessary for the future.

Finally, rather than treating all students equally, the policy
specifically hurts low-income students.

Students from high-income families would still be able to attend a
college or university without the help of federal financial aid. They
probably wouldn't receive aid anyway, based on their income level.

However, the students from lower-income families who couldn't afford
college on their own would face more difficulties in financing a
college education. The law could put the possibility of attending a
university out of reach.

For these reasons, the ACLU argues that low-income students must pay
twice for their crime -- in the court system and in the educational
system -- which violates the spirit of the Constitution's double
jeopardy clause.

Students seeking financial aid shouldn't be penalized for a
conviction they've already paid the price for.