Based on the recent trend of colleges and universities asking prospective students about their school disciplinary histories on their applications, a group of Democrats is supporting a “ban-the-box” bill to prohibit the practice during college admissions.
The bill, HB 5339, is up for a second year after failing to pass in 2023. It would prohibit higher education institutions from asking for students’ school disciplinary history during the admissions process. In the bill, “school disciplinary history” refers to any record of a violation against a student in any secondary or postsecondary institution. The bill is currently before the Higher Education and Employment Advancement Committee.
Rep. Robyn Porter, a New Haven Democrat who co-chairs the Juvenile Justice Oversight and Policy Committee, advocated for the bill during a news conference with the Connecticut Justice Alliance on Tuesday at the Legislative Office Building in Hartford.
Porter said the “ban the box” concept originated as an effort to promote fair employment opportunities for those with criminal records. By instituting the policy through the higher education sector, students with criminal or school disciplinary histories won’t have to disclose that information.
While colleges and universities apparently are asking the question based on safety concerns, advocates for banning the question say its presence on applications prevents school admissions officials from being able to holistically review prospectives students who have faced problems elsewhere.
“Unfortunately there is a disproportionate impact that occurs, especially when we talk about school discipline,” Porter said Tuesday. “There’s no surprise or there should be no surprise that this disproportionate impact falls on communities of color and students who are black and brown or identify as black and brown.”
Porter said prohibiting the question in the application process will encourage more students to apply. She said the school disciplinary history question creates a roadblock for some students, making them think they won’t get in, and then they choose not to complete their application. Porter said that banning the question will get more individuals, especially minorities, to apply.
Tanya Hughes, Executive Director of the Commission on Human Rights and Opportunities, supported the bill and echoed Porter’s comments. She mentioned a study by the Connecticut Board of Education that highlighted the disproportionality of school discipline.
The study was conducted in the 2021-22 school year and researched the trends in student disciplinary behaviors in the Connecticut public school system.
Researchers found that Black/African American students are three times more likely, and Hispanic/Latino students are more than twice as likely, to be suspended or expelled than white students. They also found a higher likelihood of suspension for students of color, especially Black/African American students, compared to their white counterparts.
Common App, a widely used online college application, no longer asks the criminal history question but continues to ask about school disciplinary history, as of 2019, according to its website.
“The change to the criminal history question was made to provide members with the greatest flexibility to determine how best to comply with their local requirements and institutional policies,” Common App’s Jen Davis wrote.
Porter recognized the colleges’ concerns over the safety on their campuses. She said that campuses will be safe because of other checks and balances already built into the admissions process.
“We want students to have the opportunity to present on merit, what they know, what they bring to the table, and we’re not talking about their past mistakes. We want to offer them an opportunity for redemption,” Porter said.
Connecticut Conference of Independent Colleges (CCIC) President Jennfier Widness wrote in her testimony that they are more concerned about the effect that banning the question would have on her member institutions’ ability to take a holistic approach to someone’s application.
Widness said that the majority of CCIC schools use Common App in their admissions process, and that CCIC opposes any legislation that would interfere with their members’ admissions and their ability to conduct review prospective students.
Rep. Gary Turco, D-Newington, is considering the bill as a member of the Higher Education and Employment Committee. He is a former college admissions counselor.
He responded to testimony in a public hearing about the bill last Tuesday and offered remarks similar to the CCIC’s, stating that when they review an application they take the holistic approach.
“You’re looking at everything about an individual that’s included in their application besides GPA, and class rank,” Turco said. “Seeing areas where they may have gotten into some trouble, gives a full picture of the individual and how they maybe overcome from that and learned their lessons.”
