FINAL BILL REPORT

SB 6582

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Legislation Pertaining to the Use of Criminal History in College Admissions in Other States. In 2017, Louisiana became the first state to prohibit institutions of higher education from inquiring about prior criminal history during the college application process. The law makes exceptions so that colleges may ask about sexual violence or stalking convictions. Additionally, colleges may ask about criminal history after a student has been admitted for the purposes of financial aid or campus housing. Effective in fall 2018, the State University of New York System has banned the use of criminal history in college admissions. Institutions may ask for criminal history after admission.

Summary: Initial Applications for Admission. Unless an institution of higher education is using a third-party application, they are prohibited from requesting information about the criminal history of an applicant. If the institution is using a third-party application, they must post a notice on their website stating that the institution of higher education may not automatically or unreasonably deny an applicant's admission or restrict access to campus based on an applicant's criminal history.

After Qualification for Admission. After an applicant has been deemed qualified for admission, an institution of higher education may inquire into or obtain information about an applicant's criminal conviction history for the purpose of:

accepting or denying admission or restricting access to campus residency; or
offering supportive counseling or services to help rehabilitate and educate the student on barriers a criminal record may present.

After inquiring about or obtaining an applicants criminal history, the institution may not unreasonably deny admission or restrict access to campus residency based on an applicant's criminal history.

Each institution of higher education must develop a process for evaluating the relationship between an applicant's criminal history, the nature of the criminal history, including whether the applicant was convicted of a serious violent offense or sex offense, and a specific academic program or campus residency in order to justify denial of admission or restriction of access to residency.

Votes on Final Passage:

Senate	28	19
House	62	36	(House amended)
Senate	30	19	(Senate concurred)