CIVIL RIGHTS GROUPS TO CHALLENGE GOV DRUG CLAUSE

If the plans of two civil rights groups to sue the United States
government succeed; hundreds more students might gain access to a
college education by becoming eligible for federal financial aid.

Students for Sensible Drug Policy and the American Civil Liberties
Union are currently searching for plaintiffs to file a lawsuit
against the government in hopes of repealing the portion of the
Higher Education Act's "drug provision" that denies those with drug
convictions federal financial aid.

First made law under President Lyndon B. Johnson, and reauthorized in
1998 under President Bill Clinton, the HEA was established to
"increase access to college, [and] make higher education more
affordable," according to the Department of Education's archives.

SSDP and the ACLU assert that the reauthorization of the HEA achieved
the exact opposite of Clinton's overreaching goals.

"The drug provision of the HEA is one manifestation of the war on
drugs, and this manifestation makes the war on drugs a war on
students," said Adam Wolf, a staff attorney at the ACLU Drug Law
Reform Project.

Since its passage, the "drug provision" has prevented 175,000
students from receiving federal aid and possibly prevented them from
receiving a post-secondary education, according to an SSDP position paper.

Those in favor of repealing the drug provision said withholding
federal aid from students with drug convictions might stifle attempts
of these one-time violators to better themselves, and could
disproportionately affect poor and minority students.

"My philosophy is that anyone with the drive to go to school should
be allowed to go," Steinhardt senior Nora Aronow said. "It's silly
not to allow someone to attain an education."

The drug provision was an amendment drafted by Rep. Mark Souder,
R-Ind., a man believed by many to have injurious intentions for all
drug offenders.

"Mark Souder is an anti-drug ideologue who wants to do whatever he
can to punish drug dealers," said Tom Angell, the campaigns director
of Students for Sensible Drug Policy.

Rep. Souder's spokesman, Martin Green, was not available for comment.

Of NYU's 40,000 students, Angell said that it is "undoubtedly true"
at least a portion are influenced by the provision. Alicia Hurley,
NYU's assistant vice president for government and community
relations, said she could not confirm if any NYU students are in fact
affected by the provision.

Some students said repealing the act's drug provision is an
unacceptable backslide into leniency for the nation's drug policy. "I
support the ban," CAS freshman Brenen Blair said. "People who follow
the rules should qualify for aid, and those who don't shouldn't."

Currently an offender must wait a certain period of time, depending
on the terms of their offense, before becoming eligible for federal
aid again. Students who wish to become eligible for aid early may
complete a rehabilitation program.

Enrolling in a rehabilitation institution is not always financially
feasible for drug offenders, rendering that option useless, Angell said.

"Students who cannot afford college tuition on their own probably
can't afford private drug programs," Angell said.

Winning a lawsuit will be considered a major victory by the ACLU and
SSDP, but these two organizations will not stop with one suit, Wolf said.

"The proposed legislation is a step in the right direction, but only
a baby step," Wolf said. "The drug provision of the HEA needs to be
removed ... entirely."