Louisiana 2017 2017 Regular Session

Louisiana House Bill HB688 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 688	2017 Regular Session	Pierre
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
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.
DIGEST
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,
cyberstalking, 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.
Proposed law authorizes an institution offering a teacher preparation program to consider
criminal conviction history if information pertaining to such history is provided on the
professional conduct form developed by the state Dept. of Education for use in the teacher
certification process. Further provides that such consideration shall be limited to the offering
of counseling relative to the teacher certification process to assist a student in making an
informed decision. 
Programs Designed to Prepare Students
for Careers Requiring Occupational Licensing or Teaching Certificates
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Prepared by Cheryl M. Serrett. 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 or teaching certificate. Requires that an
institution offer counseling relative to the licensing or certification requirements 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 including 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.
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
reengrossed bill
1. Adds cyberstalking to the list of crimes that an institution may inquire about prior
to admission.
2. Clarifies that institutions offering teacher education programs may inquire about
criminal history only after admission and then only to provide counseling on
teacher certification requirements.
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Prepared by Cheryl M. Serrett.