Beyond the Box in Higher Education
Framing the Problem:
The United States leads the world in incarceration and criminal convictions. Approximately seventy-one million, or roughly one in three adults, have criminal convictions are subject to discrimination on the basis of that conviction (Friedman 2015). Discrimination on the basis of criminal history is widely documented in the areas of employment, housing, and access to services (Middlemass 2017; Oyama 2009; Pager 2007; Sugie 2017). Neglected are the barriers that people with convictions face in higher education. Seventy percent of colleges in the United States report asking applicants about criminal history on admissions applications and two thirds of applicants that have a conviction do not finish the application once they get to the criminal history question.
Brief (Recent) History:
In 2016, the Department of Education, led by Secretary John B. King Jr., and the Department of Justice, represented by Attorney General Loretta Lynch collaborated to produce the Beyond the Box Toolkit, which provided colleges and universities with resources to remove criminal history questions from admissions and increase support for students with prior convictions. With support from former President Barack Obama, the Department of Education built on the beyond the box initiative by asking colleges and universities to take the Fair Chance in Higher Education Pledge and “ban the box” (i.e. stop asking about criminal history) on admissions applications. Sixty-one colleges signed and stopped considering criminal history in their admissions process. Some of these colleges are selective, private, liberal arts schools; others represent large statewide public university systems, most notably the State University of New York (SUNY) system and the University of California system.
In 2017, three states considered legislation that would “ban the box” on college applications statewide including Maryland, Illinois, and Louisiana. Louisiana is the only state that successfully passed legislation in 2017 to remove criminal history questions from public college applications with some limitations. Louisiana Act 276, prohibits public colleges from asking about criminal history at the time of admission with the exception of inquiries into convictions for sexual assault or stalking. Colleges in Louisiana are also able to ask about criminal history after admission for the purposes of providing supportive services or restricting access to housing or campus life. The legislation does not apply to private colleges.
In 2018, both Maryland and Washington have been able to pass similar legislation.
In 2019, Colorado passed similar legislation.
In 2019 and beyond, efforts continue in Illinois, New York, Virginia and 12 additional states over the next two years.
Current Federal Opportunity: In 2019, Sen. Schatz introduced the Beyond the Box for Higher Education Act with a corresponding bill led by Rep. Richmond in house. The bill would recommend that colleges consider the adverse effects of asking criminal history questions and voluntarily remove them from the application.
The United States leads the world in incarceration and criminal convictions. Approximately seventy-one million, or roughly one in three adults, have criminal convictions are subject to discrimination on the basis of that conviction (Friedman 2015). Discrimination on the basis of criminal history is widely documented in the areas of employment, housing, and access to services (Middlemass 2017; Oyama 2009; Pager 2007; Sugie 2017). Neglected are the barriers that people with convictions face in higher education. Seventy percent of colleges in the United States report asking applicants about criminal history on admissions applications and two thirds of applicants that have a conviction do not finish the application once they get to the criminal history question.
Brief (Recent) History:
In 2016, the Department of Education, led by Secretary John B. King Jr., and the Department of Justice, represented by Attorney General Loretta Lynch collaborated to produce the Beyond the Box Toolkit, which provided colleges and universities with resources to remove criminal history questions from admissions and increase support for students with prior convictions. With support from former President Barack Obama, the Department of Education built on the beyond the box initiative by asking colleges and universities to take the Fair Chance in Higher Education Pledge and “ban the box” (i.e. stop asking about criminal history) on admissions applications. Sixty-one colleges signed and stopped considering criminal history in their admissions process. Some of these colleges are selective, private, liberal arts schools; others represent large statewide public university systems, most notably the State University of New York (SUNY) system and the University of California system.
In 2017, three states considered legislation that would “ban the box” on college applications statewide including Maryland, Illinois, and Louisiana. Louisiana is the only state that successfully passed legislation in 2017 to remove criminal history questions from public college applications with some limitations. Louisiana Act 276, prohibits public colleges from asking about criminal history at the time of admission with the exception of inquiries into convictions for sexual assault or stalking. Colleges in Louisiana are also able to ask about criminal history after admission for the purposes of providing supportive services or restricting access to housing or campus life. The legislation does not apply to private colleges.
In 2018, both Maryland and Washington have been able to pass similar legislation.
In 2019, Colorado passed similar legislation.
In 2019 and beyond, efforts continue in Illinois, New York, Virginia and 12 additional states over the next two years.
Current Federal Opportunity: In 2019, Sen. Schatz introduced the Beyond the Box for Higher Education Act with a corresponding bill led by Rep. Richmond in house. The bill would recommend that colleges consider the adverse effects of asking criminal history questions and voluntarily remove them from the application.