[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3435 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3435

 To amend the Higher Education Act of 1965 to direct the Secretary of 
  Education to issue guidance and recommendations for institutions of 
 higher education on removing criminal and juvenile justice questions 
             from their application for admissions process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2018

 Mr. Schatz (for himself, Mr. Durbin, Mr. Booker, Mr. Van Hollen, Mr. 
  Murphy, Ms. Warren, Ms. Baldwin, Ms. Harris, and Ms. Cortez Masto) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to direct the Secretary of 
  Education to issue guidance and recommendations for institutions of 
 higher education on removing criminal and juvenile justice questions 
             from their application for admissions process.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beyond the Box for Higher Education 
Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An estimated 70,000,000 Americans have some type of 
        arrest or conviction record that would appear in a criminal 
        background check.
            (2) Each year, more than 600,000 people return to society 
        from State or Federal prison.
            (3) Nearly 11,000,000 Americans are admitted to city and 
        county jails each year, with an average daily population of 
        more than 700,000 people.
            (4) An estimated 2,100,000 youth under the age of 18 are 
        arrested every year in the United States.
            (5) 1,700,000 juvenile delinquency cases are disposed of in 
        juvenile courts annually.
            (6) Juvenile records are not always confidential; many 
        States disclose information about youth involvement with the 
        juvenile justice system or do not have procedures to seal or 
        expunge juvenile records.
            (7) The compounding effects of collateral consequences due 
        to criminal justice involvement hinder the ability of 
        individuals to reenter society successfully.
            (8) People of color and low-income people are 
        disproportionately impacted by the collateral consequences of 
        criminal justice involvement.
            (9) Incarceration leads to decreased earnings, 
        unemployment, and poverty.
            (10) Upon reentry, lower educational attainment, a lack of 
        work skills or history, and the stigma of a criminal record can 
        hinder a formerly incarcerated person's ability to return to 
        their communities successfully.
            (11) One way to improve reentry outcomes is to increase 
        educational opportunities for people with a criminal or 
        juvenile justice history.
            (12) By reducing rearrests and reconvictions, and by 
        increasing educational attainment, formerly incarcerated 
        individuals are better situated to find stable employment, 
        contributing to their communities.

SEC. 3. BEYOND THE BOX FOR HIGHER EDUCATION.

    Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 
1011 et seq.) is amended by adding at the end the following:

``SEC. 124. BEYOND THE BOX FOR HIGHER EDUCATION.

    ``(a) Training and Technical Assistance.--
            ``(1) In general.--The Secretary, acting through the Office 
        of Policy, Planning, and Innovation of the Office of 
        Postsecondary Education of the Department and with consultation 
        from the Department of Justice and relevant community 
        stakeholders, shall issue guidance and recommendations for 
        institutions of higher education to remove criminal and 
        juvenile justice questions from their application for 
        admissions process.
            ``(2) Guidance and recommendations.--The guidance and 
        recommendations issued under paragraph (1) shall include the 
        following:
                    ``(A) If an institution of higher education 
                collects criminal or juvenile justice information on 
                applicants for admission, it is recommended that the 
                institution determine whether this information is 
                necessary to make an informed admission decision and 
                whether it would be appropriate to remove these 
                questions from the application.
                    ``(B) If an institution of higher education 
                determines that it is appropriate to remove criminal or 
                juvenile justice questions from the institution's 
                application for admissions process, it is recommended 
                that the institution comply with the following:
                            ``(i) If criminal or juvenile justice 
                        questions are necessary for the other aspects 
                        of the institution's interactions with 
                        applicants, identify those specific 
                        interactions in which it is appropriate to ask 
                        such questions.
                            ``(ii) In non-admissions interactions, 
                        inquire about criminal or juvenile justice 
                        history transparently and clearly inform 
                        applicants as early as possible how to respond 
                        to the inquiry.
                            ``(iii) In non-admissions inquiries about 
                        criminal or juvenile justice history, ensure 
                        the questions are specific and narrowly 
                        focused, and make it clear that answering the 
                        questions may not negatively impact applicants' 
                        chances of enrollment.
                            ``(iv) In non-admissions inquiries about 
                        criminal or juvenile justice history, give 
                        applicants the opportunity to explain criminal 
                        or juvenile justice involvement and 
                        preparedness for postsecondary study.
                            ``(v) Provide staff of the institution who 
                        have access to a prospective or current 
                        student's criminal or juvenile justice history, 
                        the necessary and proper training on the 
                        effective use of criminal or juvenile justice 
                        history data, including the problems associated 
                        with this information, the types of supporting 
                        documents that may need to be obtained, and the 
                        appropriate privacy protections that must be 
                        put in place.
                    ``(C) If an institution of higher education 
                determines that it is necessary to inquire about the 
                criminal or juvenile justice history of applicants for 
                admission, it is recommended that the institution 
                comply with the following:
                            ``(i) Delay the request for, or 
                        consideration of, such information until after 
                        an admission decision has been made to avoid a 
                        chilling effect on applicants whose criminal or 
                        juvenile justice involvement may ultimately be 
                        determined irrelevant by the institution.
                            ``(ii) Provide notice and justification for 
                        applicants within 30 days if, upon receiving 
                        information regarding applicants' criminal or 
                        juvenile justice involvement, the admission to 
                        the institution is denied or rescinded based 
                        solely on the applicant's criminal or juvenile 
                        justice involvement.
                            ``(iii) Inquire about criminal or juvenile 
                        justice history transparently and clearly 
                        inform applicants as early as possible in the 
                        application process how to respond to the 
                        inquiry.
                            ``(iv) Ensure the questions are specific 
                        and narrowly focused.
                            ``(v) Give applicants the opportunity to 
                        explain criminal or juvenile justice 
                        involvement and preparedness for postsecondary 
                        study.
                            ``(vi) Provide admissions personnel, 
                        registrars, and any other relevant staff of the 
                        institution, as well as any other staff that 
                        should have access to a prospective or current 
                        student's criminal or juvenile justice history, 
                        the necessary and proper training on the 
                        effective use of criminal or juvenile justice 
                        history data, including the biases or 
                        limitations associated with this information, 
                        the types of supporting documents that may need 
                        to be obtained, and the appropriate privacy 
                        protections that must be put in place.
            ``(3) Training and technical assistance.--
                    ``(A) In general.--The Secretary, acting through 
                the Office of Postsecondary Education of the 
                Department, shall use funds available to the Department 
                to provide institutions of higher education with 
                training and technical assistance on developing 
                policies and procedures aligned with the 
                recommendations described in paragraph (2).
                    ``(B) Training.--The training described in 
                subparagraph (A) shall include--
                            ``(i) training for admissions and financial 
                        aid personnel and enrollment management staff 
                        of an institution of higher education to 
                        understand and evaluate an applicant if--
                                    ``(I) the institution makes a 
                                determination under paragraph (2)(A) to 
                                continue asking criminal or juvenile 
                                justice history questions in the 
                                admissions process; or
                                    ``(II) the institution makes a 
                                determination under paragraph (2)(A) to 
                                remove criminal or juvenile justice 
                                history questions in the admissions 
                                process, but continues to make criminal 
                                or juvenile justice history inquiries 
                                in non-admissions settings;
                            ``(ii) training to ensure that if an 
                        institution does not ask criminal or juvenile 
                        justice history questions, that proxy questions 
                        or factors are not used in lieu of criminal or 
                        juvenile justice history information;
                            ``(iii) training for financial aid 
                        personnel and any other staff of an institution 
                        of higher education involved with campus 
                        employment to provide guidance related to work 
                        study programs or on campus employment 
                        available to formerly incarcerated or juvenile 
                        adjudicated individuals;
                            ``(iv) training for registrars, academic 
                        counselors, student housing staff, student life 
                        staff, and any other staff of an institution of 
                        higher education who would have access to a 
                        student's criminal or juvenile justice 
                        information when the student is an enrolled 
                        student; and
                            ``(v) training for career counselors to 
                        ensure that students with involvement in the 
                        criminal or juvenile justice system are 
                        provided with targeted career guidance, made 
                        aware of potential barriers to employment or 
                        licensure, and provided assistance to respond 
                        to these barriers.
    ``(b) Resource Center.--The Secretary shall develop a resource 
center that will serve as the repository for--
            ``(1) best practices as institutions of higher education 
        develop and implement practices aligned with the 
        recommendations described in subsection (a)(2) to ensure the 
        successful educational outcomes of students with criminal or 
        juvenile justice histories; and
            ``(2) supplemental research on criminal and juvenile 
        justice-involved individuals and postsecondary education.''.

SEC. 4. FINANCIAL AID.

    Section 483(a) of the Higher Education Act of 1965 (20 U.S.C. 
1090(a)) is amended by adding at the end the following:
            ``(13) Restriction on question of conviction for possession 
        or sale of illegal drugs.--Notwithstanding any other provision 
        of law, the Secretary shall not include on any form developed 
        under this section, a question about the conviction of an 
        applicant for the possession or sale of illegal drugs.''.
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