A3869

An Act prohibiting certain higher educational institutions from inquiring about an applicant’s criminal history, establishing the “Universal College Application Development Task Force,” and supplementing Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Except as provided in subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), an application for admission used by any institution of higher education or degree-granting proprietary institution in the State shall not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student. The provisions of this section shall not apply to an application for admission to a law school.

2. a. The Secretary of Higher Education shall adopt and make available to each public and independent institution of higher education, excluding law schools, and to each degree-granting proprietary institution in the State the standard application developed by the Universal College Application Development Task Force established pursuant to section 4 of P.L. , c. (pending before the Legislature as this bill) as soon as practicable after the task force submits its report pursuant to section 8 of P.L. , c. (pending before the Legislature as this bill). The standard application shall enable an applicant to apply to any public or independent institution of higher education, excluding law school, and to any degree-granting proprietary institution in the State.

b. Except as provided in subsection c. of this section, the standard application developed by the task force shall not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student.

c. Notwithstanding the provisions of subsection b. of this section, the standard application developed by the task force and used by an institution to determine an applicant’s admission to the institution shall be entitled to inquire about an applicant’s record of conviction for the following crimes specified in the New Jersey Code of Criminal Justice: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

3. a. In the event that a student elects to use the “Common Application” developed and administered by the not-for-profit membership organization, The Common Application, Inc., when applying for admission to an institution of higher education, excluding law school, or a degree-granting proprietary institution, the institution may accept the application in lieu of the standard application developed by the Universal College Application Development Task Force established pursuant to section 4 of P.L. , c. (pending before the Legislature as this bill) provided that the common application does not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student except as provided in subsection c. of section 2 of P.L. , c. (pending before the Legislature as this bill).

b. In the event that an institution of higher education or degree-granting proprietary institution denies an applicant admission based on the conviction of any offense pursuant to subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the institution shall notify the applicant, who may appeal the decision to the entity that considers the institution’s disciplinary matters. An appeal shall only be based on the provisions of subparagraphs (b), (c), and (d) of paragraph (2) of subsection c. of this section.

c. (1) In the event that an institution accepts an applicant for admission, the institution is authorized to make inquiries relative to the criminal conviction history of the applicant, not limited to the offenses enumerated in subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the purposes of:

(a) offering supportive counseling services; and

(b) making decisions relative to a student's participation in campus life and determining if the institution will limit such participation.

(2) An institution may make criminal conviction history inquiries when obtaining secondary information, including but not limited to, information pertaining to immunizations, financial aid, or housing. If an institution elects to make such inquiries, the institution shall consider all of the following:

(a) 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;

(b) the time that has passed since the occurrence of the criminal conduct;

(d) any evidence of rehabilitation or good conduct produced by the student.

(3) After a student has been accepted for admission, an institution offering an educator preparation program may consider criminal conviction history if information pertaining to such history is provided on any professional conduct form developed by the State Board of Education for use in the teacher certification process. The purpose of such consideration shall be limited to the offering of counseling as provided in subparagraph (a) of paragraph (1) of this subsection.

d. (1) 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 a teaching certificate. The institution shall offer counseling relative to the licensing or certification requirement in order to assist a student in making an informed decision about pursuing such program.

(2) An institution may consider criminal conviction history if information pertaining to such history is provided on an application that is designed by a national application service, tailored for admission to a specific degree program, and used by institutions of higher education in multiple states.

4. a. There is established a Universal College Application Development Task Force. It shall be the duty of the task force to develop a standard, universal application for admission to be used by each institution of higher education, not including law schools, and each degree-granting proprietary institution in the State. The standard application developed by the task force shall, at a minimum, conform to the standards established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The task force shall consist of 24 members, including:

(1) the Secretary of Higher Education, the President of the New Jersey Presidents’ Council, and the Commissioner of Education, or their designees, who shall serve ex officio;

(2) one member appointed by the President of the Senate and one member appointed by the Minority Leader of the Senate, both of whom shall be members of the public with demonstrated knowledge and expertise in issues relating to the work of the task force;

(3) one member appointed by the Speaker of the General Assembly and one member appointed by the Minority Leader of the General Assembly, both of whom shall be members of the public with demonstrated knowledge and expertise in issues relating to the work of the task force; and

(4) 17 members appointed by the Governor, including one representative from each of the following: the Higher Education Student Assistance Authority; the New Jersey Council of County Colleges; the New Jersey Association of State Colleges and Universities; the Association of Independent Colleges and Universities in New Jersey; the American Federation of Teachers; the New Jersey Association of School Administrators; the New Jersey Education Association; the New Jersey School Boards Association; the New Jersey School Counselor Association; the New Jersey Parent Teacher Association; the New Jersey Public Charter Schools Association; the New Jersey Principals and Supervisors Association; and one representative from each public research university.

5. All appointments shall be made within 30 days of the effective date of this act. Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made. Members of the task force shall serve without compensation, but shall be entitled to actual and necessary expenses incurred in the performance of their duties within the limits of funds made available to the task force for its purposes.

6. The task force shall organize as soon as practicable following the appointment of its members, but not later than 60 days after the effective date of this act. The task force shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the task force.

7. Staff and related support services shall be provided to the task force by the Office of the Secretary of Higher Education. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available for its purposes.

8. The task force shall submit a final report of its findings and recommendations, including the standard application, to the Governor, to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the higher education community no later than one year after the task force organizes.

9. This act shall take effect immediately and the task force shall expire 30 days after the submission of the final report.

STATEMENT

Except for certain egregious criminal offenses, this bill prohibits institutions of higher education and degree-granting proprietary institutions from using applications for admission that inquire about an applicant’s criminal history. The bill exempts certain egregious offenses including, but not limited to, criminal homicide, human trafficking, kidnapping, sexual assault, and aggravated sexual assault. The provisions of the bill do not apply to an application for admission to law school.

This bill also establishes a Universal College Application Development Task Force. The task force will consist of 24 members, including: the Secretary of Higher Education, the President of the New Jersey Presidents’ Council, and the Commissioner of Education, or their designees; one member appointed by the President of the Senate, one member appointed by the Minority Leader of the Senate, one member appointed by the Speaker of the General Assembly, and one member appointed by the Minority Leader of the General Assembly, all four of whom are members of the public with demonstrated knowledge and expertise in issues relating to the work of the task force; and 17 members appointed by the Governor, including one representative from each of the following: the Higher Education Student Assistance Authority; the New Jersey Council of County Colleges; the New Jersey Association of State Colleges and Universities; the Association of Independent Colleges and Universities in New Jersey; the American Federation of Teachers; the New Jersey Association of School Administrators; the New Jersey Education Authority; the New Jersey School Boards Association; the New Jersey Counselor Association; the New Jersey Parent Teacher Association; the New Jersey Public Charter Schools Association; the New Jersey Principal and Supervisors Association; and one representative from each public research university.

Under the bill, it will be the duty of the task force to develop a standard, universal application for admission to be used by each institution of higher education and degree-granting proprietary institution. The application will enable an applicant to apply to any public or independent institution of higher education and any degree-granting proprietary institution in the State.

Except for the same egregious criminal offenses previously specified, this bill prohibits the application developed by the task force from having any questions related to, or any requests for information about, the criminal history, including the juvenile criminal history, of a prospective student.

The bill provides that, in the event that a student elects to use the “Common Application” developed and administered by the not-for-profit membership organization, The Common Application, Inc., an institution may accept the application in lieu of the standard application developed by the task force provided that the common application does not have any question related to, or information requested about, the criminal history, including the juvenile criminal history, of a prospective student except as previously specified. Law schools are exempt from this requirement.

If an institution denies an applicant admission based on the conviction of any of the egregious offenses previously specified, the institution is required to notify the applicant, who may appeal the decision to the entity that considers the institution’s disciplinary matters.

Under the bill, in the event that an institution accepts an applicant for admission, the institution is authorized to make inquiries relative to the criminal conviction history of the applicant for the purposes of offering supportive counseling services, and making decisions relative to a student's participation in campus life and determining if the institution will limit such participation.

The bill provides that the institution may make such inquiries when obtaining secondary information, such as information pertaining to immunizations, financial aid, or housing. If an institution elects to make such inquiries, the institution is required to consider all of the following:

· 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;

· the time that has passed since the occurrence of the criminal conduct;

· the age of the student at the time of the conduct underlying the criminal conviction; and

· any evidence of rehabilitation or good conduct produced by the student.

According to the American Bar Association’s standards and rules of procedure, a law school is only permitted to admit applicants who appear capable of satisfactorily completing its program of legal education and being admitted to the bar. Certain criminal convictions disqualify applicants from admittance to the bar.