HLS 17RS-2750 REENGROSSED
2017 Regular Session
HOUSE BILL NO. 688 (Substitute for House Bill No. 122 by Representative Pierre)
BY REPRESENTATIVES PIERRE, JAMES, AMEDEE, BOUIE, BROADWATER,
EDMONDS, HALL, LEGER, PRICE, AND SMITH AND SENATOR BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COLLEGES/ADMISSIONS: Prohibits a public postsecondary education institution from
inquiring about a prospective student's criminal history, except for history pertaining
to specified offenses, prior to his acceptance for admission
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 admission to public postsecondary education institutions;
5 to prohibit inquiries relative to criminal history prior to an institution's decision
6 relative to a student's admission; to provide exceptions; to provide relative to
7 criminal history with respect to academic programs related to occupational licensing;
8 to provide relative to certain common applications; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 17:3138(A)(1)(a) and (D) are hereby amended and reenacted and
12R.S. 17:3152 is hereby enacted to read as follows:
13 §3138. Louisiana common application; development; implementation
14 A.(1)(a) The Board of Regents, in collaboration with the public
15 postsecondary education management boards, the chairman of the Senate Committee
16 on Education or his designee, and the chairman of the House Committee on
17 Education or his designee, shall provide for the development and implementation of
18 a common application whereby Louisiana residents and nonresidents may apply to
19 any public college and university in the state. Except as provided in R.S. 17:3152,
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1 such application shall not include questions pertaining to an applicant's criminal
2 history.
3 * * *
4 D. Notwithstanding the provisions of Subsection B of this Section, if a
5 student chooses to utilize the "Common Application" developed and administered
6 by the not-for-profit membership organization, The Common Application, Inc., a
7 public college or university may accept such application in lieu of the Louisiana
8 common application required by this Section. If a public college or university
9 accepts such application, it shall not consider any criminal history information
10 provided on the application at any point during the admissions process except as
11 provided in R.S. 17:3152.
12 * * *
13 §3152. Consideration of criminal history; prohibited acts
14 A.(1) Except as provided in Paragraph (2) of this Subsection, a public
15 postsecondary education institution, referred to in this Section as an "institution",
16 shall not inquire on an initial application form about a prospective student's criminal
17 history at any time during the admissions process prior to the institution's decision
18 relative to the prospective student's acceptance for admission.
19 (2) An institution may inquire on an initial application form about a
20 prospective student's criminal conviction history relative to any conviction for an
21 offense defined in R.S. 14:40.2, 41, 42, 42.1, 43, 43.1, and 43.2 or an offense under
22 the laws of another state or under any military, territorial, foreign, tribal, or federal
23 law that is equivalent to any of these offenses. If an institution elects to deny
24 admission based on any such conviction, it shall notify the person, who may appeal
25 the decision to the entity that considers the institution's disciplinary matters.
26 B.(1) After a student has been accepted for admission, an institution may
27 make inquiries relative to his criminal conviction history, not limited to the offenses
28 enumerated in Paragraph (A)(2) of this Section, for the following purposes:
29 (a) Offering supportive counseling and services.
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1 (b) Making decisions relative to a student's participation in campus life and
2 determining if the institution will limit such participation.
3 (2) An institution may make such inquiries when obtaining secondary
4 information, including but not limited to information pertaining to immunizations,
5 financial aid, or housing. If an institution elects to make such inquiries, the
6 institution shall consider all of the following:
7 (a) The nature and gravity of the criminal conduct and whether it bears a
8 direct relationship to a particular aspect of a student's participation in campus life,
9 including but not limited to campus residency and campus activities.
10 (b) The time that has passed since the occurrence of the criminal conduct.
11 (c) The age of the student at the time of the conduct underlying the criminal
12 conviction.
13 (d) Any evidence of rehabilitation or good conduct produced by the student.
14 C.(1) An institution shall not deny based solely on criminal conviction
15 history admission to or continuation in an academic program designed to prepare a
16 student for a career that requires an occupational license. The institution shall offer
17 counseling relative to the licensing requirement in order to assist a student in making
18 an informed decision about pursuing such program.
19 (2) The Louisiana State University Health Sciences Center may consider
20 criminal conviction history if information pertaining to such history is provided on
21 an application designed for applying for admission to any of the following degree
22 programs:
23 (a) Doctor of Medicine.
24 (b) Master of Science in Dentistry, Doctor of Dental Surgery, Doctor of
25 Dental Medicine, Bachelor of Science in Dental Hygiene, and Bachelor of Science
26 or Associate of Science in Dental Laboratory Technology.
27 (c) Bachelor of Science in Nursing, Master of Science in Nursing, and
28 Doctor of Nursing.
29 (d) Doctor of Physical Therapy.
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1 (e) Master of Occupational Therapy.
2 (f) Master of Physician Assistant Studies.
3 (g) Master of Communication Disorders.
4 (h) Doctor of Audiology.
5 (i) Master of Public Health.
6 (j) Master of Science or Doctor of Philosophy in Biostatistics.
7 (k) Doctor of Philosophy in Community Health.
8 (l) Doctor of Philosophy in Epidemiology.
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 688 Reengrossed 2017 Regular Session Pierre
Abstract: Prohibits a public postsecondary education institution from inquiring about a
prospective student's criminal history, except for history pertaining to specified
offenses, prior to his acceptance for admission.
Criminal History Inquiry prior to Admission Decision
Proposed law prohibits a public postsecondary education institution (an "institution") from
inquiring about a prospective student's criminal history on an initial application or at any
time during the admissions process prior to its decision relative to the prospective student's
acceptance for admission, except for inquiries relative to convictions for stalking, rape, and
sexual battery. Provides that if an institution elects to deny admission based on any such
conviction, it shall notify the person, who may appeal the decision to the entity that
considers the institution's disciplinary matters.
Criminal History Inquiry after Admission Decision
Proposed law authorizes an institution, after a student has been accepted for admission, to
inquire about his criminal conviction history (beyond stalking, rape, and sexual battery) for
the following purposes:
(1)Offering supportive counseling and services.
(2)Making decisions relative to a student's participation in campus life and determining
if the institution shall limit such participation.
Proposed law authorizes an institution to make such inquiries when obtaining secondary
information, such as immunizations, financial aid, or housing information. Requires an
institution, if it elects to make such inquiries, to consider all of the following:
(1)The nature and gravity of the criminal conduct and whether it bears a direct
relationship to a particular aspect of a student's participation in campus life,
including but not limited to campus residency and campus activities.
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(2)The time that has passed since the occurrence of the criminal conduct.
(3)The student's age at the time of the conduct underlying the criminal conviction.
(4)Any evidence of rehabilitation or good conduct produced by the student.
Programs Designed to Prepare Students
for Careers Requiring Occupational Licensing
Proposed law provides that an institution shall not deny, based solely on criminal conviction
history, admission to or continuation in an academic program designed to prepare a student
for a career that requires an occupational license. Requires that an institution offer
counseling relative to the licensing requirement to assist a student in making an informed
decision about pursuing such a program.
Allows certain institutions to consider criminal conviction history if such information is
provided on certain applications or forms, as follows:
(1)Grants such authority to the LSU Health Sciences Centers (New Orleans and
Shreveport) and the LSU vet school if such information is provided on an application
that is designed by a national application service, tailored for admission to a specific
degree program, and used by postsecondary education institutions in multiple states.
(2)Grants such authority to an institution offering a teacher preparation program if such
information is provided on the professional conduct form developed by the state
Dept. of Education for use in the teacher certification process.
Common Applications
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 institution in the
state. Proposed law prohibits the inclusion on this application of questions pertaining to
criminal history except as authorized by proposed law.
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 prohibits consideration of any criminal history information
provided on such application at any point during the admissions process except as provided
in proposed law.
(Amends R.S. 17:3138(A)(1)(a) and (D); Adds R.S. 17:3152)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove authorization for LSU Health Sciences Center (HSC) to consider
criminal history if information is provided on applications to specified degree
programs. Instead authorizes the Health Sciences Centers to consider such
information if the information is provided on an application designed by a
national application service, tailored for admission to a specific degree program,
and used by postsecondary education institutions in multiple states. Also
broadens this authority to apply to the LSU vet school.
2. Additionally grant this authority to institutions offering teacher education
programs if the information is provided on the professional conduct form
developed by the state Dept. of Education for use in the teacher certification
process.
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