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OLR Bill Analysis
sHB 6228
AN ACT PROHIBITING INSTITUTIONS OF HIGHER EDUCATION
FROM INQUIRING ABOUT A PROSPECTIVE STUDENT'S
CRIMINAL HISTORY DURING THE ADMISSIONS PROCESS AND
ESTABLISHING A PRISON EDUCATION PROGRAM OFFICE.
SUMMARY:
This bill prohibits higher education institutions from (1) asking
about applicants’ prior arrests, criminal charges, or convictions on an
admissions application or for program of study enrollment and (2)
considering them when making admissions or financial aid eligibility
decisions, including decisions about institutional aid, unless federal or
state law otherwise requires.
Additionally, it establishes the Postsecondary Prison Education
Program Office (“the office”) in the Department of Correction (DOC).
The office must approve higher education institutions to operate
postsecondary, credit-bearing prison education programs for
incarcerated students. The bill outlines the office’s duties and limits its
authority over selecting program curricula and materials.
The bill also requires (1) the approved program providers to fulfill
certain responsibilities related to providing student financial aid
information and (2) both the office and program providers to have at
least one enrolled student participate in any program assessment or
evaluation should either entity choose to conduct one.
EFFECTIVE DATE: July 1, 2021
POSTSECONDARY PRISON EDUCATION PROGRAM OF FICE
Duties and Responsibilities
Under the bill, the office’s duties and responsibilities include
approving higher education institutions by July 1, 2023, to operate
prison education programs in the state. To approve an institution, the 2021HB-06228-R000092-BA.DOCX
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office must determine that it operates prison education programs in
the best interest of students. This determination must be based on the
following factors:
1. the factors in the federal FAFSA Simplification Act (see
BACKGROUND);
2. the institution establishing an academic and student service
plan for implementing a prison education program;
3. the institution providing trained financial aid and academic
advisors to advise students in correctional facilities, including
advising on the completion of the Free Application for Federal
Student Aid (FAFSA);
4. the institution providing educational accommodations to
students with disabilities who enroll in a program;
5. the institution providing reentry counseling for a student,
including guidance on (A) continued enrollment in the
institution for the completion of any program of study begun in
a prison education program and (B) transferring credits to
another institution after release from a correctional facility; and
6. the institution providing a process for prison education
program students to register a complaint or grievance against
the program, an advisor, or the institution and notifying
students of this process when they enroll.
The bill requires the office to prioritize approving an institution that
meets any of the following qualifications: (1) has experience operating
prison education programs, (2) either participates in the federal Pell
Grant Program or provides prison education programs at no cost to
students, or (3) can provide in-person programs. The bill prohibits the
office from approving institutions providing asynchronous prison
education programs unless they are necessary and cannot be provided
in person.
Additional office duties include (1) coordinating prison education 2021HB-06228-R000092-BA.DOCX
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program facilitation in partnership with these approved institutions
and (2) providing equitable access to resources for the successful
completion of prison education programs, including classrooms; study
areas; and any necessary electronic devices.
Complaint Process
Under the bill, the office’s complaint process must address student
complaints about (1) the institution providing the program, (2) any
DOC policies or employees impeding a student’s access to necessary
resources for completing the program, or (3) an institution’s or the
DOC’s failure to provide necessary accommodations to a student for a
disability.
The process must also address complaints made by an institution
providing a prison education program about any problems in the
program implementation that may be resolved by the office or DOC.
Program Materials
The bill prohibits the office from interfering with an approved
institution’s curriculum or material selections unless the materials
present a clear physical threat to the safety and security of the
correction facility as determined by the correction commissioner.
APPROVED PROGRAM PRO VIDERS
Financial Aid Duties
The bill requires each higher education institution that is approved
to offer a prison education program to provide uniform financial aid
information to every student accepted for enrollment. Each institution
must provide the information before the institution’s prison education
program enrollment deadline so that each prospective student has
sufficient time to make an informed decision. Each institution must use
the college financing plan template developed by the U.S. Department
of Education pursuant to the Higher Education Opportunity Act (P.L.
110-315).
PROGRAM EVALUATION
If the office or any approved institution offering a prison education 2021HB-06228-R000092-BA.DOCX
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program conducts a program assessment or evaluation, then the bill
requires that at least one enrolled student participate.
BACKGROUND
FAFSA Simplification Act
The federal FAFSA Simplification Act establishes, among other
things, conditions that prison education programs must fulfill in order
to be considered as operating “in the best interest of students” under
the federal Higher Education Act of 1965. This determination must be
made by each state’s department of corrections or other entity or by
the Bureau of Prisons, and may be based on the following:
1. rates of confined or incarcerated individuals continuing their
education post-release;
2. job placement rates, earnings, and recidivism rates for these
individuals;
3. the experience, credentials, and rates of turnover or departure of
instructors;
4. the transferability of credits for courses available to confined or
incarcerated individuals and the applicability of these credits
toward related degree or certificate programs; or
5. offering relevant academic and career advising services to
participating confined or incarcerated individuals while they
are confined or incarcerated, in advance of reentry, and upon
release (FAFSA Simplification Act, P.L. 116 -260, Sec.
702(n)(1)(A)(iv)).
COMMITTEE ACTION
Higher Education and Employment Advancement Committee
Joint Favorable Substitute
Yea 19 Nay 1 (03/04/2021)