HLS 17RS-572 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 122
BY REPRESENTATIVES PIERRE AND JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COLLEGES/ADMISSIONS: Prohibits questions regarding criminal history on an initial
application for admission to a public postsecondary education institution
1 AN ACT
2To amend and reenact R.S. 17:3138(A)(1)(a) and (D) and to enact R.S. 17:3152, relative to
3 public postsecondary education; to provide relative to the consideration of criminal
4 history in the process of application and admission to public postsecondary education
5 institutions; to prohibit inquiries relative to criminal history on an initial application
6 form; to provide relative to certain common applications; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:3138(A)(1)(a) and (D) are hereby amended and reenacted and
10R.S. 17:3152 is hereby enacted to read as follows:
11 §3138. Louisiana common application; development; implementation
12 A.(1)(a) The Board of Regents, in collaboration with the public
13 postsecondary education management boards, the chairman of the Senate Committee
14 on Education or his designee, and the chairman of the House Committee on
15 Education or his designee, shall provide for the development and implementation of
16 a common application whereby Louisiana residents and nonresidents may apply to
17 any public college and university in the state. Such application shall not include
18 questions pertaining to an applicant's criminal history.
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-572 ORIGINAL
HB NO. 122
1 D. Notwithstanding the provisions of Subsection B of this Section, if a
2 student chooses to utilize the "Common Application" developed and administered
3 by the not-for-profit membership organization, The Common Application, Inc., a
4 public college or university may accept such application in lieu of the Louisiana
5 common application required by this Section only under one of the following
6 circumstances:
7 (1) The "Common Application" does not include questions about criminal
8 history.
9 (2) The "Common Application" includes questions about criminal history,
10 but the student has not answered such questions.
11 * * *
12 §3152. Consideration of criminal history; prohibited acts
13 A. No public postsecondary education institution may inquire, including
14 without limitation on an initial application form, about a prospective student's
15 criminal history until after the prospective student has been given an opportunity to
16 interview for acceptance for admission or, if no such interview is to be conducted,
17 until after the prospective student has been given a conditional offer of acceptance
18 for admission.
19 B. Nothing in this Section shall be construed to prohibit a public
20 postsecondary education institution from considering the criminal history of a
21 prospective student in making the final determination of whether to accept the person
22 for admission. In considering the criminal history of the prospective student, the
23 postsecondary education institution may consider the following:
24 (1) The nature and gravity of the criminal conduct.
25 (2) The time that has passed since the occurrence of the criminal conduct.
26 (3) The specific requirements of the prospective student's course of study
27 and the bearing, if any, that the criminal conduct will have on the ability of the
28 prospective student to meet these requirements.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-572 ORIGINAL
HB NO. 122
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 122 Original 2017 Regular Session Pierre
Abstract: Prohibits a public postsecondary education institution from inquiring about a
prospective student's criminal history until after an interview or a conditional offer
of admission is made and provides for the consideration of criminal history in
making admission decisions.
Proposed law prohibits a public postsecondary education institution from inquiring on an
initial application form about a prospective student's criminal history until after the
prospective student has been given an opportunity to interview for acceptance for admission
or, if no such interview is to be conducted, until after the prospective student has been given
a conditional offer of acceptance for admission.
Proposed law provides, however, that a public postsecondary education institution may
consider the criminal history of a prospective student in making the final determination of
whether to accept the person for admission. Authorizes the institution, in considering the
criminal history of the prospective student, to consider the following:
(1) The nature and gravity of the criminal conduct.
(2) The time that has passed since the occurrence of the criminal conduct.
(3) The specific parameters of the institution or the prospective student's course of study
and the bearing, if any, that the criminal conduct will have on the ability of the
prospective student to meet these requirements.
Present law requires the Bd. of Regents to provide for the development and implementation
of a common application that prospective students may use to apply to any public
postsecondary education institution. Proposed law prohibits the inclusion on this application
of questions pertaining to criminal history.
Present law authorizes public colleges and universities to accept the "Common Application"
developed and administered by The Common Application, Inc. in lieu of the La. common
application. Proposed law limits the authority to accept this application to one of these
circumstances:
(1)The "Common Application" does not include questions about criminal history.
(2)The "Common Application" does include questions about criminal history, but the
student has not answered them.
(Amends R.S. 17:3138(A)(1)(a) and (D); Adds R.S. 17:3152)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.