,,ii #aafth ,,congress #ast ,session ,s4 #acch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjai,mr4 ,schatz 7for himself1 ,mr4 ,durbin1 ,mr4 ,booker1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,ms4 ,warren1 ,mr4 ,cardin1 ,mr4 ,merkley1 ,ms4 ,duckworth1 ,ms4 ,cortez ,masto1 ,mr4 ,murphy1 ,ms4 ,harris1 ,mr4 ,van ,hollen1 ,mr4 ,brown1 ,ms4 ,klobuchar1 ,ms4 ,baldwin1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife 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 process4 #a4 ,short title ,this ,act may be cited as the ,beyond the ,box for ,higher ,education ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,an estimated #gj1jjj1jjj ,americans have some type of arrest or conviction record that would appear in a criminal background check4 7#b7 ,each year1 more than #fjj1jjj people return to society from ,state or ,federal prison4 7#c7 ,nearly #aa1jjj1jjj ,americans are admitted to city and county jails each year1 with an average daily population of more than #gjj1jjj people4 7#d7 ,an estimated #b1ajj1jjj youth under the age of #ah are arrested every year in the ,united ,states4 7#e7 #a1gjj1jjj juvenile delinquency cases are disposed of in juvenile courts annually4 7#f7 ,juvenile records are not always confidential2 many ,states disclose information about youth involvement with the juvenile justice system or do not have procedures to seal or expunge juvenile records4 7#g7 ,the compounding effects of collateral consequences due to criminal justice involvement hinder the ability of individuals to reenter society successfully4 7#h7 ,people of color and low-income people are disproportionately impacted by the collateral consequences of criminal justice involvement4 7#i7 ,incarceration leads to decreased earnings1 unemployment1 and poverty4 7#aj7 ,upon reentry1 lower educational attainment1 a lack of work skills or history1 and the stigma of a criminal record can hinder a formerly incarcerated person's ability to return to their communities successfully4 7#aa7 ,one way to improve reentry outcomes is to increase educational opportunities for people with a criminal or juvenile justice history4 7#ab7 ,by reducing rearrests and reconvictions1 and by increasing educational attainment1 formerly incarcerated individuals are better situated to find stable employment1 contributing to their communities4 #c4 ,beyond the box for higher education ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,beyond the box for higher education 7a7 ,training and technical assistance 7#a7 ,in general ,the ,secretary1 acting through the ,office of ,policy1 ,planning1 and ,innovation of the ,office of ,postsecondary ,education of the ,department and with consultation from the ,department of ,justice and relevant community stakeholders1 shall issue guidance and recommendations for institutions of higher education to remove criminal and juvenile justice questions from their application for admissions process4 7#b7 ,guidance and recommendations ,the guidance and recommendations issued under paragraph 7#a7 shall include the following3 7,a7 ,if an institution of higher education collects criminal or juvenile justice information on applicants for admission1 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 application4 7,b7 ,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 process1 it is recommended that the institution comply with the following3 7i7 ,if criminal or juvenile justice questions are necessary for the other aspects of the institution's interactions with applicants1 identify those specific interactions in which it is appropriate to ask such questions4 7ii7 ,in non-admissions interactions1 inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible how to respond to the inquiry4 7iii7 ,in non-admissions inquiries about criminal or juvenile justice history1 ensure the questions are specific and narrowly focused1 and make it clear that answering the questions may not negatively impact applicants' chances of enrollment4 7iv7 ,in non-admissions inquiries about criminal or juvenile justice history1 give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study4 7v7 ,provide staff of the institution who have access to a prospective or current student's criminal or juvenile justice history1 the necessary and proper training on the effective use of criminal or juvenile justice history data1 including the problems associated with this information1 the types of supporting documents that may need to be obtained1 and the appropriate privacy protections that must be put in place4 7,c7 ,if an institution of higher education determines that it is necessary to inquire about the criminal or juvenile justice history of applicants for admission1 it is recommended that the institution comply with the following3 7i7 ,delay the request for1 or consideration of1 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 institution4 7ii7 ,provide notice and justification for applicants within #cj days if1 upon receiving information regarding applicants' criminal or juvenile justice involvement1 the admission to the institution is denied or rescinded based solely on the applicant's criminal or juvenile justice involvement4 7iii7 ,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 inquiry4 7iv7 ,ensure the questions are specific and narrowly focused4 7v7 ,give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study4 7vi7 ,provide admissions personnel1 registrars1 and any other relevant staff of the institution1 as well as any other staff that should have access to a prospective or current student's criminal or juvenile justice history1 the necessary and proper training on the effective use of criminal or juvenile justice history data1 including the biases or limitations associated with this information1 the types of supporting documents that may need to be obtained1 and the appropriate privacy protections that must be put in place4 7#c7 ,training and technical assistance 7,a7 ,in general ,the ,secretary1 acting through the ,office of ,postsecondary ,education of the ,department1 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 7#b74 7,b7 ,training ,the training described in subparagraph 7,a7 shall include-- 7i7 training for admissions and financial aid personnel and enrollment management staff of an institution of higher education to understand and evaluate an applicant if-- 7,i7 the institution makes a determination under paragraph 7#b77;,a7 to continue asking criminal or juvenile justice history questions in the admissions process2 or 7,,ii7 the institution makes a determination under paragraph 7#b77;,a7 to remove criminal or juvenile justice history questions in the admissions process1 but continues to make criminal or juvenile justice history inquiries in non-admissions settings2 7ii7 training to ensure that if an institution does not ask criminal or juvenile justice history questions1 that proxy questions or factors are not used in lieu of criminal or juvenile justice history information2 7iii7 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 individuals2 7iv7 training for registrars1 academic counselors1 student housing staff1 student life staff1 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 student2 and 7v7 training for career counselors to ensure that students with involvement in the criminal or juvenile justice system are provided with targeted career guidance1 made aware of potential barriers to employment or licensure1 and provided assistance to respond to these barriers4 7b7 ,resource center ,the ,secretary shall develop a resource center that will serve as the repository for-- 7#a7 best practices as institutions of higher education develop and implement practices aligned with the recommendations described in subsection 7a77#b7 to ensure the successful educational outcomes of students with criminal or juvenile justice histories2 and 7#b7 supplemental research on criminal and juvenile justice-involved individuals and postsecondary education4 4 #d4 ,financial aid ,section #dhc7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajij7;a77 is amended by adding at the end the following3 7#ac7 ,restriction on question of conviction for possession or sale of illegal drugs ,notwithstanding any other provision of law1 the ,secretary shall not include on any form developed under this section1 a question about the conviction of an applicant for the possession or sale of illegal drugs4 4