ACLU, STUDENT GROUP TEAM UP TO COMBAT HIGHER EDUCATION ACT

Law Currently Denies Financial Aid To Students With Previous Drug Offenses

The Students for Sensible Drug Policy, a national student-interest
organization, has partnered with the American Civil Liberties Union
to attempt to stop a law that denies students with drug offenses the
possibility of attaining financial aid.

The U.S. Congress' Higher Education Act provision, passed in 1998,
has blocked nearly 200,000 students who have had a drug conviction
from obtaining financial aid. Since its creation, the Students for
Sensible Drug Policy have worked for its removal, claiming that the
provision is "unfair" and "unconstitutional."

According to Kris Krane, executive director for the Students for
Sensible Drug Policy, the provision is "unconstitutional" since it
violates the nation's Double Jeopardy law, which states that an
individual cannot be punished twice for the same crime.

"Students are already suffering the consequences through probation,
fines, criminal record and punishment through their own schools," Krane said.

He noted that he feels the law is unfair since there are no laws that
deny students of financial aid for crimes, including acts of
violence, other than drug offenses. He added that since students from
high-income families typically don't receive financial aid, the
provision would only affect low- and middle-income students.

"They should be allowed to stay in school so they can become
productive, tax-paying members of society," Krane said. "If they drop
out, it's more likely they'll live in the streets and become drug addicts."

Currently the ACLU has filed a lawsuit on behalf of SSDP against the
Department of Education and has named Secretary Margaret Spelling in
the suit to retract the provision.

"This will be a fairly drawn-out process, but we will continue to
fight this as long as it takes," Krane said.

Valerie Smith, spokesperson for the Department of Education, said the
institution is upholding this law because the entity feels it
promotes a healthy lifestyle.

"The department supports the Congress decision to reduce drug use and
protect the health of its students," she said.

She also stated that those currently affected by the provision regain
their eligibility for aid through several ways. Those whose crime was
possession of narcotics regain it after one year, or two years if the
crime was for selling. Students can also regain their chance at
financial aid if they attend a government-approved rehabilitation program.

Smith added that currently there is an amendment passed by Congress,
effective as of July 2006, which states that this stipulation will
only affect students who are currently receiving financial aid.

"This is an act by the government in the continuing in creating
commonsense policy," Smith said.

Amber Pickren, UC Davis senior, said she feels the provision is too harsh.

"This could mean the difference if a student gets any education," she
said. "I think that education should be available to anyone, no
matter what their past is."

She said she thinks the worst part of the law is that a student can
be convicted before their college career has started and she agrees
with the new amendments to it.

"That's a walk in the right direction," Pickren said. "Better than
the current law."