ASSEMBLY HIGHER EDUCATION COMMITTEE

STATEMENT TO

ASSEMBLY, No. 895

with committee amendments

STATE OF NEW JERSEY

DATED:  FEBRUARY 22, 2024

      The Assembly Higher Education Committee reports favorably Assembly Bill No. 895, with committee amendments.

      This amended bill establishes provisions for the use of the criminal history of applicants and students at institutions of higher education and degree-granting proprietary institutions.

      Under the amended bill, institutions of higher education and degree-granting proprietary institutions are generally prohibited from using applications for admission that inquire about an applicant’s criminal history except to include a question on an application asking whether an applicant has been convicted for certain serious criminal offenses. The institution of higher education or degree-granting proprietary institution has the option to deny an applicant admission based on the conviction. Serious criminal offenses enumerated in the amended bill include criminal homicide, human trafficking, kidnapping, sexual assault, and aggravated sexual assault.

      The amended bill requires an institution of higher education and a degree-granting proprietary institution to notify an applicant if admission is denied due to the applicant’s conviction of an enumerated serious criminal offense. The applicant is permitted to appeal the decision. The entity determining whether the applicant should be admitted is required to consider: the time that has passed since the criminal conviction; the age of the applicant at the time of the conviction; and any evidence of rehabilitation or good conduct provided by the applicant. Additionally, the amended bill stipulates that an institution of higher education or degree-granting proprietary institution, as applicable, is permitted to consider an applicant’s criminal history if the information is provided on an application designed by a national application service or voluntarily provided.

      The amended bill also establishes provisions for the use of an admitted student’s criminal history by an institution of higher education or a degree-granting proprietary institution. After an applicant is accepted, the institution may make inquiries on the applicant’s criminal history or require the applicant to complete and provide a copy of the applicant’s criminal history record background check. This inquiry is not limited to criminal history relating to the serious crimes enumerated in the amended bill and can be utilized by the institution to: offer supportive counseling services; make decisions relative to a student’s participation in campus life; and obtain secondary information relating to immunizations, financial aid, or housing provided that the institution considers factors outlined in the amended bill.

      Under the amended bill, an institution of higher education offering an educator preparation program is permitted to consider criminal history if that information is provided by a professional conduct form developed by the State Board of Education for use in the teacher certification process. This consideration is limited to offering counseling to the student. Additionally, the amended bill prohibits an institution from denying continuation in an academic program designed to prepare a student for a career that requires an occupational license or a teaching certificate due to the student’s criminal history.

      Finally, the amended bill permits a student to utilize the “Common Application” developed and administered by the not-for-profit membership organization, The Common Application, Inc., provided that the common application does not have any question related to, or information requested about, the criminal history of a prospective student except for an enumerated serious crime.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amendments:

· Remove the provisions of the bill establishing the “Universal College Application Development Task Force”;

· Remove the provisions of the bill requiring the development of a standard application for admission;

· Stipulate that an application for admission may be denied on the basis of criminal history only if the applicant was convicted for an enumerated serious crime;

· Stipulate that an institution of higher education or degree-granting proprietary institution cannot deny admission to an applicant on the basis of a conviction that has been expunged or erased through executive pardon;

· Permit an institution of higher education or degree-granting proprietary institution to, after accepting an applicant for admission, make inquiries on the applicant’s criminal history or require the applicant to provide a copy of the applicant’s criminal history record background check;

· Make various technical and clarifying amendments to reflect the removal of the provisions regarding the task force and the development of the standard application; and

· Update the title and synopsis of the bill to reflect the amendments.