South Dakota student lobbies on loan restrictions
Posted: Wednesday, November 22, 2006
WASHINGTON (AP) -- South Dakota student Kraig Selken has turned to Congress in his effort to soften laws that punish student drug offenders, but he won't get much help from his state's congressional delegation.
Selken, a student at Northern State University in Aberdeen, S.D., traveled to Washington last week to lobby Republican Sen. John Thune, Democratic Sen. Tim Johnson and Democratic Rep. Stephanie Herseth. He and other students say a law banning some convicted drug offenders from obtaining student loans is wrong and should be repealed.
"I wanted to let them know this provision doesn't just affect people in other states," said Selken, who was convicted of misdemeanor marijuana possession in October 2005.
Selken, who lost his loan eligibility for one year as a first-time offender, was one of three plaintiffs in a lawsuit that was dismissed earlier this month by U.S. District Judge Charles Kornmann in South Dakota.
In its class-action lawsuit, the American Civil Liberties Union said the law is unconstitutional because it punishes people twice for the same crime and creates a class of people deemed unworthy of receiving federal financial aid for college without a good reason.
About 200,000 people nationwide have been denied financial aid since the provision went into effect, said Tom Angell, campaigns director for Students for Sensible Drug Policy Foundation, which joined the ACLU in the lawsuit.
In dismissing the lawsuit, Kornmann wrote that such assistance is not an entitlement.
"Persons convicted of drug trafficking or possession offenses are not a suspect class. ... The Constitution affords no right to a higher education," he said. "Likewise, there is no fundamental right to the receipt of federal student financial aid."
All three members of the South Dakota congressional delegation appear to agree. Spokesmen for Thune, Johnson, and Herseth said the members believe the law should stay in place.
Jessica Ferguson, spokeswoman for Thune, said the senator believes the law "is reasonable to deter drug use and ensure federal funds are used responsibly."
Selken and the Students for Sensible Drug Policy Foundation have been hoping that Congress will overturn the law since the courts dismissed the issue.
"This is the last remaining branch able to do something," Selken said.
They may not need the South Dakotans' support, however. Massachusetts Rep. Barney Frank, the Democrat who will head the House Financial Services Committee in January, has introduced the legislation that will approve the law. It has 70 cosponsors.
"The law discriminates against those who most often apply for college financial aid -- minority and low-income students," Frank said when he introduced the bill in 2005. "Students who have drug convictions but come from families that don't need financial aid aren't affected by this law."
Selken, a student at Northern State University in Aberdeen, S.D., traveled to Washington last week to lobby Republican Sen. John Thune, Democratic Sen. Tim Johnson and Democratic Rep. Stephanie Herseth. He and other students say a law banning some convicted drug offenders from obtaining student loans is wrong and should be repealed.
"I wanted to let them know this provision doesn't just affect people in other states," said Selken, who was convicted of misdemeanor marijuana possession in October 2005.
Selken, who lost his loan eligibility for one year as a first-time offender, was one of three plaintiffs in a lawsuit that was dismissed earlier this month by U.S. District Judge Charles Kornmann in South Dakota.
In its class-action lawsuit, the American Civil Liberties Union said the law is unconstitutional because it punishes people twice for the same crime and creates a class of people deemed unworthy of receiving federal financial aid for college without a good reason.
About 200,000 people nationwide have been denied financial aid since the provision went into effect, said Tom Angell, campaigns director for Students for Sensible Drug Policy Foundation, which joined the ACLU in the lawsuit.
In dismissing the lawsuit, Kornmann wrote that such assistance is not an entitlement.
"Persons convicted of drug trafficking or possession offenses are not a suspect class. ... The Constitution affords no right to a higher education," he said. "Likewise, there is no fundamental right to the receipt of federal student financial aid."
All three members of the South Dakota congressional delegation appear to agree. Spokesmen for Thune, Johnson, and Herseth said the members believe the law should stay in place.
Jessica Ferguson, spokeswoman for Thune, said the senator believes the law "is reasonable to deter drug use and ensure federal funds are used responsibly."
Selken and the Students for Sensible Drug Policy Foundation have been hoping that Congress will overturn the law since the courts dismissed the issue.
"This is the last remaining branch able to do something," Selken said.
They may not need the South Dakotans' support, however. Massachusetts Rep. Barney Frank, the Democrat who will head the House Financial Services Committee in January, has introduced the legislation that will approve the law. It has 70 cosponsors.
"The law discriminates against those who most often apply for college financial aid -- minority and low-income students," Frank said when he introduced the bill in 2005. "Students who have drug convictions but come from families that don't need financial aid aren't affected by this law."
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