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Challenge to Student Aid Ban for Drug Offenders Rejected
April 30, 2008

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News Summary

The U.S. Court of Appeals for the Eighth Circuit has refused to reinstate a lawsuit that claimed that a federal law stripping student aid from individuals with drug convictions represented unconstitutional double jeopardy, the Chronicle of Higher Education reported April 29.

The St. Louis based appeals court, which has a conservative majority, upheld a 2006 decision by the U.S. District Court and rejected the case filed by the Students for Sensible Drug Policy Foundation.

The plaintiffs had argued that the federal student-aid law effectively punished offenders twice for the same crime, but the appeals court said that the law could not be considered criminally punitive.

COMMENTS ON THIS ARTICLE:
(Comments now appear first to last)

Posted by Circle Tree Ranch on 30 Apr 08 04:55 PM EDT
This clause in the financial aid forms is deceiving. Students do not have to answer "yes" on the form if they have completed some type of treatment (including AA or NA meetings). In this event, Federal Aid is only withheld from those unwilling to do anything about it...

Posted by Barry McMillen on 01 May 08 11:16 AM EDT
Conservatives continue to stiffle our most valuable asset, youth. When are we going to accept the responsibility of our future and rid ourselves of these power hungry, rigid, and punitive aristocrats. who among them qualifies to cast the first stone?

Posted by Danny in Oregon on 01 May 08 11:50 AM EDT
I believe the federal aid is only stripped if a drug conviction occurs during the time of enrolment. That seems reasonable to me...but only if other convictions will also carry the same consequences. If you are receiving financial aid, you should be keeping your nose clean.

Posted by John from Oceanside on 01 May 08 12:15 PM EDT
This is just one more time that Drug Legalizers don't want any accountability for their actions. This law does not ban for a lifetime. Follow through with stipulations and you can recieve funding again. I know many individuals with drug charges for dealing and other serious crimes, who got into recovery and recieved federal grants for school and now have PHD's and Masters Degrees. No change no money, the judges got it right for once.

Posted by Beita Bailey on 02 May 08 07:50 PM EDT
I just graduated with my master's in social work. I did all of my undergrad and graduate work after having a drug conviction. Fafsa simply asks you to answer some simple questions once you have answered yes to the drug question. If you have been to treatment you never again have to answer yes to the question. The answers scale you. You are then elligible to recieve aid. I don't think I am a conservative. Actually I am a liberal democrat who believes that for every action there is a consequence. Sometimes it appears that we are paying unfairly and sometimes we are but it is because of the choices we have made. If I can do anyone can.

Posted by RF on 10 May 08 09:49 PM EDT
Danny, you are totally wrong. It asks if you have ever been convicted of a drug charge...and the other 2 people here are totally right...I went to prison 20 years ago and 4 years ago applied for federal aid. I had gone for treatment and got my fed. aid, and went on to get my degree. Come on, quit making this just another way to bitch about inequality, when the only thing you have to do is show them that you did something to address this problem....and heck, if you didn't, then you're either still using or quit on your own, both very risky situations for the government to be handing money out to anyway.

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