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REFERENCE TITLE: postsecondary institutions; criminal history; applicants |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1436 |
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Introduced by Senators Quezada: Rios, Steele
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AN ACT
amending Title 15, chapter 14, article 2, Arizona Revised Statutes, by adding section 15-1826; relating to student admissions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 15-1826, to read:
15-1826. Admissions applications; criminal history; applicants; definitions
A. Except as provided in subsection B of this section, an institution of higher education may not use an initial admissions application that requests information about the applicant's criminal history.
B. An institution of higher education may use a third-party admissions application that requests information about the applicant's criminal history if the institution of higher education posts a notice on its website stating that the institution of higher education will not automatically or unreasonably deny admission or restrict access to campus residency based on an applicant's criminal history.
C. After an applicant has otherwise been determined to be qualified for admission, an institution of higher education may inquire into or obtain information about the applicant's criminal history for the purposes of either:
1. Accepting or denying the applicant for admission to the institution of higher education or restricting access to campus residency.
2. Offering counseling or support services to help rehabilitate and educate the applicant on barriers a criminal history may present.
D. After inquiring into or obtaining information under this section, an institution of higher education may not automatically or unreasonably deny an applicant's admission or restrict access to campus residency based on that applicant's criminal history.
E. Each institution of higher education shall develop a process to determine whether there is a relationship between an applicant's criminal history and a specific academic program or campus residency to justify denying admission or restricting access to campus residency. The process developed under this subsection shall be set forth in writing and shall consider all of the following:
1. The age of the applicant at the time any aspect of the applicant's criminal history occurred.
2. The time that has elapsed since any aspect of the applicant's criminal history occurred.
3. The nature of the criminal history, including whether the applicant was convicted of a serious offense as defined in section 13-706, a violent or aggravated felony as defined in section 13-706 or a sexual offense prescribed in title 13, chapter 14.
4. Evidence of the applicant's rehabilitation or good conduct.
F. For the purposes of this section:
1. "Admissions application" means an individual application to enroll as an undergraduate or graduate student at an institution of higher education.
2. "Criminal history" includes any record about a citation or arrest for criminal conduct, including any record relating to probable cause to arrest, and any record about a criminal or juvenile case filed with any court, whether or not the case resulted in a finding of guilt.
3. "Institution of higher education" means a community college as defined in section 15-1401 or a university under the jurisdiction of the Arizona board of regents.
4. "Third-party admissions application" means an admissions application that is not controlled by the institution of higher education.
Sec. 2. Short title
This act may be cited as the "Arizona Fair Chance to Education Act".