PRINTER'S NO. 854
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
866
Session of
2021
INTRODUCED BY ORTITAY, CEPHAS, KINSEY, SANCHEZ, ZABEL, BRIGGS,
HILL-EVANS, SCHLOSSBERG, A. DAVIS, T. DAVIS, ISAACSON,
NEILSON, LONGIETTI, LEE, SCHWEYER, HOHENSTEIN, FREEMAN,
GALLOWAY, KEEFER, ROZZI, CIRESI, HOWARD, McCLINTON, KINKEAD,
HARRIS AND O'MARA, MARCH 11, 2021
REFERRED TO COMMITTEE ON EDUCATION, MARCH 11, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for institution of higher
education application and process.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XX-A.1
INSTITUTION OF HIGHER EDUCATION APPLICATION AND PROCESS
Section 2001-A.1. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Institution." Includes any of the following:
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(1) A community college operating under Article XIX-A.
(2) An institution within the State System of Higher
Education under Article XX-A.
(3) Any institution designated as State-related by the
Commonwealth, including:
(i) Lincoln University.
(ii) Temple University.
(iii) The Pennsylvania State University.
(iv) The University of Pittsburgh.
(v) Any associated branch campuses.
(4) The Thaddeus Stevens College of Technology.
(5) A rural regional college established under Article
XIX-G.
"Prospective student." An individual seeking enrollment at
an institution.
Section 2002-A.1. Institution application.
(a) Prohibitions.--Except as provided under subsection (b):
(1) an application developed and implemented by an
institution may not have any question related to or
information requested about the criminal history, including
juvenile history, of a prospective student; and
(2) an institution may not inquire about the criminal
history, including juvenile history, of a prospective student
at any time during the application process.
(b) Exceptions.--The following apply:
(1) The application and institution may inquire about
the criminal history of a prospective student regarding any
conviction for the following offenses:
(i) 18 Pa.C.S. § 2502 (relating to murder).
(ii) 18 Pa.C.S. § 2709.1 (relating to stalking).
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(iii) 18 Pa.C.S. § 3121 (relating to rape).
(iv) 18 Pa.C.S. § 3122.1 (relating to statutory
sexual assault).
(v) 18 Pa.C.S. § 3124.1 (relating to sexual
assault).
(vi) 18 Pa.C.S. § 3125 (relating to aggravated
indecent assault).
(vii) 18 Pa.C.S. § 3126 (relating to indecent
assault).
(viii) Any similar offense under Federal law or the
law of another state.
(2) If an institution denies admission to a prospective
student based on a conviction of an offense under paragraph
(1), the institution shall notify the prospective student of
the denial and the prospective student may appeal the
decision to the institution.
(c) Admission.--Upon acceptance of a prospective student for
admission, an institution may inquire about the student's
criminal conviction history not limited to the offenses
enumerated under subsection (b)(1) for the following purposes:
(1) To offer voluntary counseling and support services,
including health, mental health and academic support
services.
(2) To obtain secondary information, including
information pertaining to housing. If an institution makes an
inquiry for the purposes under this paragraph, the
institution shall consider all of the following:
(i) The nature and gravity of the criminal conduct
and any direct relationship the criminal conduct has on a
student's participation in campus life, including campus
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residency and campus-sponsored activities.
(ii) The time that has elapsed since the occurrence
of the criminal conduct.
(iii) The age of the student at the time of the
occurrence of the criminal conduct.
(iv) Any evidence of rehabilitation and good conduct
displayed by the student.
(3) If the institution offers a teacher preparation
degree program, to obtain information that may affect the
teacher certification process or information that may be
required on the professional conduct form developed by the
Department of Education so that the institution may provide
counseling to assist a student in making an informed decision
about pursuing the program.
(4) To inform a student of any criminal conviction
history that may be considered on an application designed by
a national application service for admission to a specific
degree program.
Section 2. This act shall take effect in 60 days.
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