Last week, the Education Committee considered HB 5339 and, after discussion, voted to advance it beyond the committee. The proposed bill would prohibit institutions of higher education in Connecticut from considering “the school disciplinary history of an applicant for admission during the admissions process.” The bill defines “school disciplinary history” as “any record of action taken against a student by a secondary school or postsecondary institution for violation of a policy.”  As such, colleges, universities, and other postsecondary institutions would still be able to consider a student applicant’s criminal record, but could not, for example, consider a student’s record of suspension or expulsion.

Individuals from various organizations, including the Commission on Human Rights and Opportunities, Special Education Equity for Kids, Connecticut Justice Alliance, ACLU – Connecticut, and the Center for Children’s Advocacy, submitted written testimony in support of the bill.  Some of their key points can be collectively summarized as follows:

• The bill would allow students who have had disciplinary issues in the past a fresh start in seeking post-secondary education. 

• This goal is especially worthwhile given that (1) according to various studies, students of color and students with disabilities have been disproportionately subject to suspension and expulsion, (2) post-secondary education is an important path for students to improve employment opportunities and achieve personal goals, and (3) even asking applicants about their disciplinary history can have a chilling effect and discourage them from completing the application process.

• The bill reflects a nationwide trend of “ban the box” legislation, which is intended to provide individuals with criminal histories a fair opportunity to gain employment and avoid the risk of re-offending due to unemployment.  The same type of initiatives in the higher education context focus on removing questions eliciting criminal or disciplinary history from college applications.  As the Executive Director of Connecticut Justice Alliance explained in written testimony:

The Common App, a widely used application platform in CT and across the US removed the criminal history question in 2019 and followed up with the removal of the disciplinary history question in 2021, leading several states to pass or consider legislation removing such inquiries from college applications. The removal of these questions has shown a significant increase in the rate of which minority applicants complete applications for higher education, as these questions were shown to be a roadblock or deterrent when completing an application for higher education.

Other perspectives were also shared.  The Connecticut Conference of Independent Colleges provided written testimony that acknowledged the intent of the bill but took issue with “any legislation that interferes with institutional autonomy” as related to the admissions process and holistic review of student applications.  Connecticut State Colleges & Universities expressed similar concerns, noting that state law “should permit institutions to consider these questions on a case-by-case basis while remaining dedicated to removing admission barriers to individuals with criminal or school disciplinary histories.”

If passed, this legislation could impact the post-secondary admissions process for students throughout Connecticut.  The legislation might also affect how K-12 schools approach their responses to student misconduct. As such, institutions of higher education, public schools, and independent schools are advised to pay close attention to developments in this area.