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General Assembly Committee Bill No. 6228
January Session, 2021
LCO No. 3786
Referred to Committee on HIGHER EDUCATION AND
EMPLOYMENT ADVANCEMENT
Introduced by:
(HED)
AN ACT PROHIBITING INSTITUTIONS OF HIGHER EDUCATION
FROM INQUIRING ABOUT A PROSPECTIVE STUDENT' S CRIMINAL
HISTORY DURING THE ADMISSIONS PROCESS AN D ESTABLISHING
A PRISON EDUCATION P ROGRAM OFFICE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) Unless otherwise required by 1
an applicable state or federal law, no institution of higher education in 2
the state shall (1) inquire about a prospective student's prior arrests, 3
criminal charges or convictions (A) on an application for admission to 4
such institution, or (B) for enrollment in any program of study offered 5
by such institution, or (2) consider a student's prior arrests, criminal 6
charges or convictions in (A) the admissions process for such student, 7
or (B) determining the eligibility of such student for any form of 8
financial aid, grant or scholarship program, including, but not limited 9
to, institutional financial aid. 10
Sec. 2. (NEW) (Effective July 1, 2021) (a) As used in this section, "prison 11
education program" means a program of study offered by institutions 12
of higher education that provides course credit to inmates in 13
correctional facilities. 14
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(b) There is established a Prison Education Program Office within the 15
Department of Correction. The duties and responsibilities of the office 16
shall include, but need not be limited to, (1) on or before July 1, 2023, 17
providing institutions of higher education approval to operate prison 18
education programs at correctional facilities in the state, (2) 19
coordinating the facilitation of prison education programs in 20
partnership with approved institutions of higher education, and (3) 21
providing equitable access to resources required for the successful 22
completion of prison education programs, including, but not limited to, 23
classrooms, study areas and any necessary electronic devices. 24
(c) The Prison Education Program Office shall approve an institution 25
of higher education to operate prison education programs pursuant to 26
subsection (b) of this section upon the determination that such 27
institution operates such programs in the best interest of students. Such 28
determination shall be based on (1) the factors for making such 29
determination set forth in the Consolidated Appropriations Act, 2021, 30
P.L. 116-260, Sec. 701(n)(1)(A)(iv), as amended from time to time, (2) the 31
institution establishing an academic and student service plan for the 32
implementation of a prison education program, including a student 33
application process, (3) the institution employing financial aid and 34
academic advisors who are trained to advise students in correctional 35
facilities, including, but not limited to, advising on the completion of the 36
Free Application for Federal Student Aid, (4) the institution providing 37
educational accommodations to students with disabilities who enroll in 38
a prison education program, (5) the institution providing reentry 39
services for a student, including, but not limited to, continued 40
enrollment in such institution for the completion of any program of 41
study initiated in a prison education program and guidance on 42
transferring credits after release from a correctional facility, and (6) the 43
institution providing a process for students enrolled in a prison 44
education program to register a complaint or grievance against the 45
program, an advisor or the institution and notifying students of such 46
process upon enrollment. 47
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(d) The Prison Education Program Office shall prioritize the approval 48
of institutions of higher education in the state that can provide in-person 49
prison education programs and may not approve institutions providing 50
asynchronous prison education programs, unless such programs are 51
necessary and cannot be provided in person for any reason. 52
(e) The Prison Education Program Office shall establish a process for 53
addressing complaints by (1) students enrolled in a prison education 54
program regarding (A) the institution of higher education providing 55
such program, or (B) any Department of Correction policies or 56
employees impeding such student's access to resources necessary for the 57
completion of such program, and (2) institutions of higher education 58
providing prison education programs regarding any problems in the 59
implementation of a prison education program that may be resolved by 60
the office or the department. 61
(f) The Prison Education Program Office shall not interfere with an 62
approved institution of higher education in the selection of curricula or 63
materials used in prison education programs, unless necessary for the 64
safety and security of the correctional facility. 65
(g) Each institution of higher education providing a prison education 66
program shall provide uniform financial aid information to every 67
prospective student who has been accepted for enrollment in such 68
program. Each institution shall provide such information at least forty-69
five days prior to such institution's prison education program 70
enrollment deadline for the purpose of providing each prospective 71
student with sufficient time to make an informed decision about 72
enrollment. Each institution shall use the college financing plan 73
template developed by the Consumer Financial Protection Bureau and 74
the United States Department of Education pursuant to the Higher 75
Education Opportunity Act, P.L. 110-315, to provide such information. 76
(h) If the Prison Education Program Office or any institution of higher 77
education providing prison education programs engages in an 78
assessment or evaluation of a prison education program, one or more 79
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students enrolled in such program shall participate in such assessment 80
or evaluation. 81
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 New section
Sec. 2 July 1, 2021 New section
Statement of Purpose:
To prohibit institutions of higher education from inquiring about a
prospective student's criminal history during the admissions process
and to establish a Prison Education Program Office to facilitate prison
education programs at correctional facilities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: REP. PORTER, 94th Dist.; REP. HUGHES, 135th Dist.
REP. MICHEL, 146th Dist.
H.B. 6228