SB 13 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

Pinkney DELAWARE& STATERep. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Minor-Brown TO& SENATERep. BILL NO.

13Dorsey AMENDWalker SenateSens. Bill No.

13Gay, byHansen, deletingLockman, lineS. 13 in its entirety and inserting in lieu thereof the following:

ҤMcBride, 9003B.Sokola, Sturgeon, Townsend, Walsh;

Reps.

Baumbach, K.

Johnson, Kowalko, Lynn, S.

Moore, Morrison DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.

13 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend Title 14 of the Delaware Code by adding a new chapter 90B and by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 90B.

BAN THE BOX ACT § 9001B.

Short Title.

This chapter may be known as and cited as the “Ban the Box Act.” § 9002B.

Definitions.

(a) For purposes of this chapter:

(1) “Academic institution” means an institution of postsecondary education receiving State funds or a private institution of postsecondary education with campuses physically located in Delaware.

(2) “Applicant” means a prospective student applying for admission to an academic institution.

(3) “Conviction” means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty, or a plea of nolo contendere accepted by the court.

§ 9003B.

prohibited acts;acts.

disclosure(a)(1) ofExcept policy.”as FURTHERprovided AMENDin Senatethis Billsubsection, No.an academic institution shall not inquire about an applicant’s criminal history on an initial application form or at any time during the admissions process prior to the institution's decision relative to the prospective student's acceptance for admission.

13(2) byAn deletingacademic linesinstitution 37may throughinquire 41on inan theirinitial entiretyapplication form about an applicant’s criminal conviction history relative to any conviction for an offense of stalking, sexual assault, and insertingother sexual offenses as defined in lieu§ thereof761-780B of Title 22 or an offense under the following:laws of another state or under any military, territorial, foreign, tribal, or federal law that is equivalent to any of these offenses.

"(3)If Afterthe aninstitution applicantelects hasto beendeny acceptedadmission forbased admission,on anany institutionsuch mayconviction, considerit theshall applicant'snotify criminal conviction history if the applicantapplicant, applieswho formay orappeal enrolls in a teacher preparation program or other program, offered by the institution,decision for which information pertaining to the applicant'sentity criminalwithin convictionthe historyinstitution isthat disclosedconsiders tothe ainstitution's statedisciplinary agencymatters. in connection with a licensing or certification process.

The purpose of such consideration shall be limited to the offering of counseling as provided in paragraph (c)(4) of this section." FURTHER AMEND Senate Bill No.

13 after line 48 and before line 49 by inserting the following:

“(d) Each academic institution shall publish any policy adopted pursuant to this section on its publicly accessible website or, if no policy has been adopted, a statement describing the academic institution's compliance with this section.” FURTHER AMEND Senate Bill No.

13 on line 53 by deleting “December 15” and inserting in lieu thereof the following:

“June 1” FURTHER AMEND Senate Bill No.

13 after line 60 and before line 61 by inserting the following:

“(3) The annual report shall include all application forms used by any academic institution whose data is reported under this section.” SYNOPSIS This Amendment provides that after an applicant has been accepted, an academic institution may consider the applicant's criminal conviction history, for the limited purpose of offering counseling, if the applicant applies for or enrolls in any program that requires information pertaining to the applicant's criminal conviction history to be disclosed to a state agency.

ALWCBK Page 1 of 23 Released:

05/18/202205/05/2022 03:2801:23 PM This(b)(1) AmendmentAfter alsoan requiresapplicant eachhas academicbeen institutionaccepted tofor discloseadmission, onan itsacademic websiteinstitution anymay policymake concerninginquiries itsrelative considerationto ofthe applicants'applicant’s criminal conviction historyhistory, or,not iflimited noto policy has been adopted, a statement describing the academicoffenses institution'senumerated compliancein withparagraph §(a)(2) 9003B of Titlethis 14section, offor the Delawarefollowing Code.purposes:

Finally,a. this Amendment changes the date by which the Department of Education shall compile, complete, and submit an annual report of admissions for each academic institution to the Controller General from December 15 to June 1, and requires the annual report to include the application forms used by each academic institutions.

Offering supportive counseling and services.

b.

Making decisions relative to the student’s participation in campus life and determining if the institution will limit such participation.