Virginia House Bill HB539

Virginia 2022 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22
• Report Pass: 1/26/22
• Engrossed: 1/31/22
• Refer: 2/2/22

Caption

Higher educational institutions, public; disclosure of certain criminal convictions to applicants.

Impact

This bill significantly impacts the admission processes of public colleges and universities, ensuring that previous criminal convictions do not automatically disqualify potential students from applying. It encourages an environment where educational opportunities are made more accessible, potentially benefiting individuals who may have had previous run-ins with the law but have since rehabilitated. However, it also imposes specific disclosure obligations upon these institutions to inform applicants about which convictions could lead to disqualification from certain studies or housing, thereby maintaining a level of transparency in the admissions process.

Summary

House Bill 539 aims to reform the admissions policies of public institutions of higher education in Virginia by prohibiting the use of certain questions regarding criminal history on admissions applications. Specifically, the bill mandates that public institutions cannot deny admission to applicants solely based on criminal history disclosed on any third-party application. Instead, institutions must notify applicants that some criminal convictions could disqualify them from specific programs of study or living arrangements, essentially promoting greater inclusivity in educational access.

Contention

Opposition to HB 539 may arise from concerns about institutional safety and the ability to prepare students for the realities of certain professions, particularly those that require a clean record for licensing purposes. For instance, the bill allows public law schools to inquire about criminal histories based on American Bar Association standards, which may be contentious as it implies certain privileges for specific programs. Those in favor argue that the bill promotes fairness and second chances, while critics might worry that loosening restrictions could harbor risks in certain fields, especially in areas where trust and legal compliance are paramount.