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General Assembly Substitute Bill No. 6228
January Session, 2021
AN ACT PROHIBITING INSTITUTIONS OF HIGHER EDUCATION
FROM INQUIRING ABOUT A PROSPECTIVE STUDE NT'S CRIMINAL
HISTORY DURING THE ADMISSIONS PROCESS A ND 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 students incarcerated 13
in correctional facilities. 14
(b) There is established a Postsecondary Prison Education Program 15
Office within the Department of Correction which shall report directly 16 Substitute Bill No. 6228
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to the Commissioner of Correction. The duties and responsibilities of 17
the office shall include, but need not be limited to, (1) on or before July 18
1, 2023, approving institutions of higher education to operate prison 19
education programs at correctional facilities in the state, (2) 20
coordinating with approved institutions of higher education in the 21
implementation of prison education programs, and (3) providing 22
equitable access to resources necessary for the successful completion of 23
prison education programs, including, but not limited to, classrooms, 24
study areas and any necessary electronic devices. 25
(c) The Postsecondary Prison Education Program Office shall 26
approve an institution of higher education to operate a prison education 27
program if the office determines that such institution operates such 28
programs in the best interest of students. Such determination shall be 29
based on (1) the factors for making such determination set forth in the 30
FAFSA Simplification Act, P.L. 116-260, Sec. 702(n)(1)(A)(iv), as 31
amended from time to time, (2) the institution establishing an academic 32
and student service plan for the implementation of a prison education 33
program, (3) the institution providing trained financial aid and 34
academic advisors to advise students in correctional facilities, including, 35
but not limited to, advising on the completion of the Free Application 36
for Federal Student Aid, (4) the institution providing educational 37
accommodations to students with disabilities who enroll in a prison 38
education program, (5) the institution providing reentry counseling for 39
a student, including, but not limited to, guidance on (A) continued 40
enrollment in such institution for the completion of any program of 41
study initiated in a prison education program, and (B) transferring 42
credits to another institution of higher education after release from a 43
correctional facility, and (6) the institution providing a process for 44
students enrolled in a prison education program to register a complaint 45
or grievance against the program, an advisor or the institution and 46
notifying students of such process upon enrollment. 47
(d) The Postsecondary Prison Education Program Office shall 48
prioritize the approval of institutions of higher education in the state 49 Substitute Bill No. 6228
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that (1) have experience operating prison education programs, (2) 50
participate in the federal Pell Grant Program pursuant to 34 CFR 690.7 51
or provide prison education programs at no cost to students, and (3) can 52
provide in-person prison education programs. The office may not 53
approve any institutions operating an asynchronous prison education 54
program, unless such program is necessary and cannot be provided in-55
person for any reason. 56
(e) The Postsecondary Prison Education Program Office shall 57
establish a process for addressing complaints by (1) students enrolled in 58
a prison education program regarding (A) the institution of higher 59
education operating such program, (B) any Department of Correction 60
policies or employees impeding such student's access to resources 61
necessary for the completion of such program, or (C) the failure of an 62
institution of higher education or the department to provide necessary 63
accommodations to such student for a disability, and (2) institutions of 64
higher education operating prison education programs regarding any 65
problems in the implementation of a prison education program that 66
may be resolved by the office or the department. 67
(f) The Postsecondary Prison Education Program Office shall not 68
interfere with an approved institution of higher education in the 69
selection of curricula or materials used in prison education programs, 70
unless such materials present a clear physical threat to the safety and 71
security of the correctional facility as determined by the Commissioner 72
of Correction. 73
(g) Each institution of higher education operating a prison education 74
program shall provide uniform financial aid information to every 75
prospective student who has been accepted for enrollment in such 76
program. Each institution shall provide such information prior to such 77
institution's prison education program enrollment deadline for the 78
purpose of providing each prospective student with sufficient time to 79
make an informed decision about enrollment. Each institution shall use 80
the college financing plan template developed by the United States 81
Department of Education pursuant to the Higher Education 82 Substitute Bill No. 6228
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Opportunity Act, P.L. 110-315, to provide such information. 83
(h) If the Postsecondary Prison Education Program Office or any 84
institution of higher education operating a prison education program 85
engages in an assessment or evaluation of such prison education 86
program, one or more students enrolled in such program shall 87
participate in such assessment or evaluation. 88
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
HED Joint Favorable Subst.
JUD Joint Favorable