4 | 4 | | HB.docx |
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7 | 7 | | General Assembly Substitute Bill No. 6228 |
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8 | 8 | | January Session, 2021 |
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13 | 13 | | |
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14 | 14 | | AN ACT PROHIBITING INSTITUTIONS OF HIGHER EDUCATION |
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15 | 15 | | FROM INQUIRING ABOUT A PROSPECTIVE STUDE NT'S CRIMINAL |
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16 | 16 | | HISTORY DURING THE ADMISSIONS PROCESS A ND ESTABLISHING |
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17 | 17 | | A PRISON EDUCATION P ROGRAM OFFICE. |
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18 | 18 | | Be it enacted by the Senate and House of Representatives in General |
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19 | 19 | | Assembly convened: |
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20 | 20 | | |
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21 | 21 | | Section 1. (NEW) (Effective July 1, 2021) Unless otherwise required by 1 |
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22 | 22 | | an applicable state or federal law, no institution of higher education in 2 |
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23 | 23 | | the state shall (1) inquire about a prospective student's prior arrests, 3 |
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24 | 24 | | criminal charges or convictions (A) on an application for admission to 4 |
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25 | 25 | | such institution, or (B) for enrollment in any program of study offered 5 |
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26 | 26 | | by such institution, or (2) consider a student's prior arrests, criminal 6 |
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27 | 27 | | charges or convictions in (A) the admissions process for such student, 7 |
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28 | 28 | | or (B) determining the eligibility of such student for any form of 8 |
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29 | 29 | | financial aid, grant or scholarship program, including, but not limited 9 |
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30 | 30 | | to, institutional financial aid. 10 |
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31 | 31 | | Sec. 2. (NEW) (Effective July 1, 2021) (a) As used in this section, "prison 11 |
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32 | 32 | | education program" means a program of study offered by institutions 12 |
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33 | 33 | | of higher education that provides course credit to students incarcerated 13 |
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34 | 34 | | in correctional facilities. 14 |
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35 | 35 | | (b) There is established a Postsecondary Prison Education Program 15 |
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36 | 36 | | Office within the Department of Correction which shall report directly 16 Substitute Bill No. 6228 |
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43 | 43 | | to the Commissioner of Correction. The duties and responsibilities of 17 |
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44 | 44 | | the office shall include, but need not be limited to, (1) on or before July 18 |
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45 | 45 | | 1, 2023, approving institutions of higher education to operate prison 19 |
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46 | 46 | | education programs at correctional facilities in the state, (2) 20 |
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47 | 47 | | coordinating with approved institutions of higher education in the 21 |
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48 | 48 | | implementation of prison education programs, and (3) providing 22 |
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49 | 49 | | equitable access to resources necessary for the successful completion of 23 |
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50 | 50 | | prison education programs, including, but not limited to, classrooms, 24 |
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51 | 51 | | study areas and any necessary electronic devices. 25 |
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52 | 52 | | (c) The Postsecondary Prison Education Program Office shall 26 |
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53 | 53 | | approve an institution of higher education to operate a prison education 27 |
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54 | 54 | | program if the office determines that such institution operates such 28 |
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55 | 55 | | programs in the best interest of students. Such determination shall be 29 |
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56 | 56 | | based on (1) the factors for making such determination set forth in the 30 |
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57 | 57 | | FAFSA Simplification Act, P.L. 116-260, Sec. 702(n)(1)(A)(iv), as 31 |
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58 | 58 | | amended from time to time, (2) the institution establishing an academic 32 |
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59 | 59 | | and student service plan for the implementation of a prison education 33 |
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60 | 60 | | program, (3) the institution providing trained financial aid and 34 |
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61 | 61 | | academic advisors to advise students in correctional facilities, including, 35 |
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62 | 62 | | but not limited to, advising on the completion of the Free Application 36 |
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63 | 63 | | for Federal Student Aid, (4) the institution providing educational 37 |
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64 | 64 | | accommodations to students with disabilities who enroll in a prison 38 |
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65 | 65 | | education program, (5) the institution providing reentry counseling for 39 |
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66 | 66 | | a student, including, but not limited to, guidance on (A) continued 40 |
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67 | 67 | | enrollment in such institution for the completion of any program of 41 |
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68 | 68 | | study initiated in a prison education program, and (B) transferring 42 |
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69 | 69 | | credits to another institution of higher education after release from a 43 |
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70 | 70 | | correctional facility, and (6) the institution providing a process for 44 |
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71 | 71 | | students enrolled in a prison education program to register a complaint 45 |
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72 | 72 | | or grievance against the program, an advisor or the institution and 46 |
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73 | 73 | | notifying students of such process upon enrollment. 47 |
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74 | 74 | | (d) The Postsecondary Prison Education Program Office shall 48 |
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75 | 75 | | prioritize the approval of institutions of higher education in the state 49 Substitute Bill No. 6228 |
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82 | 82 | | that (1) have experience operating prison education programs, (2) 50 |
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83 | 83 | | participate in the federal Pell Grant Program pursuant to 34 CFR 690.7 51 |
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84 | 84 | | or provide prison education programs at no cost to students, and (3) can 52 |
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85 | 85 | | provide in-person prison education programs. The office may not 53 |
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86 | 86 | | approve any institutions operating an asynchronous prison education 54 |
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87 | 87 | | program, unless such program is necessary and cannot be provided in-55 |
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88 | 88 | | person for any reason. 56 |
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89 | 89 | | (e) The Postsecondary Prison Education Program Office shall 57 |
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90 | 90 | | establish a process for addressing complaints by (1) students enrolled in 58 |
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91 | 91 | | a prison education program regarding (A) the institution of higher 59 |
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92 | 92 | | education operating such program, (B) any Department of Correction 60 |
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93 | 93 | | policies or employees impeding such student's access to resources 61 |
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94 | 94 | | necessary for the completion of such program, or (C) the failure of an 62 |
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95 | 95 | | institution of higher education or the department to provide necessary 63 |
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96 | 96 | | accommodations to such student for a disability, and (2) institutions of 64 |
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97 | 97 | | higher education operating prison education programs regarding any 65 |
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98 | 98 | | problems in the implementation of a prison education program that 66 |
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99 | 99 | | may be resolved by the office or the department. 67 |
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100 | 100 | | (f) The Postsecondary Prison Education Program Office shall not 68 |
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101 | 101 | | interfere with an approved institution of higher education in the 69 |
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102 | 102 | | selection of curricula or materials used in prison education programs, 70 |
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103 | 103 | | unless such materials present a clear physical threat to the safety and 71 |
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104 | 104 | | security of the correctional facility as determined by the Commissioner 72 |
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105 | 105 | | of Correction. 73 |
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106 | 106 | | (g) Each institution of higher education operating a prison education 74 |
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107 | 107 | | program shall provide uniform financial aid information to every 75 |
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108 | 108 | | prospective student who has been accepted for enrollment in such 76 |
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109 | 109 | | program. Each institution shall provide such information prior to such 77 |
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110 | 110 | | institution's prison education program enrollment deadline for the 78 |
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111 | 111 | | purpose of providing each prospective student with sufficient time to 79 |
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112 | 112 | | make an informed decision about enrollment. Each institution shall use 80 |
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113 | 113 | | the college financing plan template developed by the United States 81 |
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114 | 114 | | Department of Education pursuant to the Higher Education 82 Substitute Bill No. 6228 |
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121 | 121 | | Opportunity Act, P.L. 110-315, to provide such information. 83 |
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122 | 122 | | (h) If the Postsecondary Prison Education Program Office or any 84 |
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123 | 123 | | institution of higher education operating a prison education program 85 |
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124 | 124 | | engages in an assessment or evaluation of such prison education 86 |
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125 | 125 | | program, one or more students enrolled in such program shall 87 |
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126 | 126 | | participate in such assessment or evaluation. 88 |
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127 | 127 | | This act shall take effect as follows and shall amend the following |
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128 | 128 | | sections: |
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129 | 129 | | |
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130 | 130 | | Section 1 July 1, 2021 New section |
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131 | 131 | | Sec. 2 July 1, 2021 New section |
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132 | 132 | | |
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| 133 | + | Statement of Legislative Commissioners: |
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| 134 | + | In Section 2, Subsec. (d) was divided into two sentences and "(1) have |
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| 135 | + | experience operating prison education programs, (2) participate in the |
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| 136 | + | federal Pell Grant Program pursuant to 34 CFR 690.7 or provide prison |
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| 137 | + | education programs at no cost to students, and (3)" was added for clarity |
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| 138 | + | and conciseness, and in Subsec. (c) the last sentence was deleted to |
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| 139 | + | conform with the changes being made in Subsec. (d) and "Consolidated |
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| 140 | + | Appropriations Act, 2021, P.L. 116-260, Sec. 701(n)(1)(A)(iv)" was |
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| 141 | + | changed to "FAFSA Simplification Act, P.L. 116 -260, Sec. |
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| 142 | + | 702(n)(1)(A)(iv)" for accuracy. |
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