SUIT TACKLES FINANCIAL AID, DRUG CRIMES

Students denied federal financial aid could get their money back if a
lawsuit against the Department of Education is successful.

The Students for Sensible Drug Policy organization partnered with the
American Civil Liberties Union to file a lawsuit Tuesday against
legislation preventing students with drug convictions from receiving
federal financial aid.

Margaret Spellings, secretary of the U. S. Department of Education,
was named the defendant in SSDP v. Spellings, which was filed in the
U. S. District Court for the District of South Dakota.

In 2000, a provision of the Higher Education Act prevented any
student with a drug conviction from receiving federal financial aid.
The law was enacted as a part of the war on drugs and was designed to
reduce drug use by college students. Since 2000, the law has affected
almost 200,000 students.

"The law was intended to reduce drug use, but it causes more by
kicking students out of school, which is irrational," said Tom
Angell, campaigns director for the Students for Sensible Drug Policy.

Adam Wolf, a staff attorney at the ACLU Drug Law Reform Project, said
the law affects all university students, not just larger, state schools.

"The law affects students across the country, whether the school is
public or private," Wolf said. "Students in private schools would be
affected because of larger tuition."

Because private school tuition is higher than state schools',
students receive more financial aid to help pay for school.

Tom Angell said the Students for Sensible Drug Policy has had some
success getting Congress to scale the law back, but now it wants the
entire law repealed.

The Free Application for Federal Student Aid has a question that
requires students to say if they have been convicted of possessing or
selling illegal drugs.

"We want the drug conviction question taken off the financial aid
application," Angell said.

The lawsuit says the Higher Education Act violates the U.S.
Constitution's Fifth Amendment's double jeopardy clause and the equal
protection guarantee in the due process clause.

"Double jeopardy protects Americans from being punished twice for the
same crime," Wolf said.

"Students are being punished once by the courts, then again by the
education system. The students have already paid their debt to
society and want to move in a positive direction, but the government says no."

Angell said the Students for Sensible Drug Policy has a better idea
for reducing drug use.

"We think allowing hard-working and determined students to get a
degree and enter the work force will decrease drug use among college
students," Angell said.

Cliff Neel, assistant vice president and director of academic
scholarship and financial aid, said the legislation will not have
much effect on Baylor students.

"We haven't had many students answer 'yes' to the drug conviction
question, so it won't affect Baylor students that much," Neel said.

"It's so small a number, it hasn't come up a lot."