Bill Number: SB19-170
ACLU Position: Support
Sponsors: L. Herod /R. Rodriguez / J. Tate
The bill prohibits a state institution of higher education
(institution) from inquiring about an applicant’s criminal history, or
disciplinary history at an elementary, secondary, or postsecondary
institution (disciplinary history), prior to admission; except that the
institution may inquire about any pending criminal charges against the
applicant and an applicant’s prior convictions or disciplinary history for
stalking, sexual assault, and domestic violence.
An institution that accepts a form of application that may be used
to apply to other institutions of higher education is prohibited from
considering any criminal or disciplinary history information provided on
that application that the institution is prohibited from inquiring into on its
own application. An institution that accepts a form of application that is
designed by a national application service, tailored for admission to a
specific degree program, and used in other states may consider criminal
history information provided on that application.
An institution’s review of an otherwise qualified applicant’s
disclosed criminal history or disciplinary history must be made in a
reasonable amount of time. An institution must provide an appeals
process for an otherwise qualified applicant denied admission based on
the applicant’s criminal or disciplinary history.
An institution is required to post its policies regarding inquiries
into an applicant’s criminal and disciplinary history on its website and file
such policies with the Colorado commission on higher education
(commission). An institution must notify the commission at least 30 days
before making any changes to such policies.
Senate Third Reading Passed - No Amendments (04/08/2019)
Senate Second Reading Special Order - Passed with Amendments - Committee (04/05/2019)
Introduced In Senate - Assigned to Education (02/28/2019)
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