The Delaware State Senate has recently passed Senate Bill 13, a bill that would block colleges and post-secondary educational institutions from accessing the criminal history of its potential students. Instead they would be permitted to ask targeted questions concerning convictions. The legal questions permitted for questioning includes crimes such as sexual assualt, kidnapping, murder, stalking, and smiliar offenses. The state aims to help those with a criminal history which prevents them from reaching success.

The bill will be applied to educational institutions that receive state funds and any private institutions that operate a campus in Delaware. Although the bill removes questioning on applications, it does not prevent the request of a student’s criminal record after they’ve been admitted. The request can be used to help the institution make decisions about a student’s participation in campus activities or providing counseling. While making these decisions, the institutions will need to consider several factors such as: the nature/gravity of the offense, time since the conviction, the individual’s age at that time, and whether there is evidence of rehabilitation. The schools may also request further information about an individual’s convictions should they require licensing or certification for their education.

In addition to prohibiting record access, the law also requires the state’s Department of Education to compile an annual report on admissions from every academic institution in the state. While the bill is on its way to the State House for further consideration, many are uncertain about its future. The bill holds concerns on whether it could potentially impact the safety of students, as many could be unaware of convicted offenders being on campus. However, if the bill is to pass the State House it would make Delaware the fifth state to “ban the box” for higher education institutions.

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