Louisiana 2017 2017 Regular Session

Louisiana House Bill HB688 Comm Sub / Analysis

                    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.
(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.