Law / United States / 
Louisiana
Public postsecondary admissions: limits on asking a prospective student about criminal history
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Prohibition, Disclosure
What it requires
- If you are a public postsecondary education institution, do not ask a prospective student about criminal history on the initial application form or at any time in the admissions process before you decide whether to accept the student, except for convictions for the offenses La. R.S. 17:3152(A)(2) lists, or criminal conviction history given on an application designed by a national application service, tailored to a specific degree program and used by institutions in multiple states (La. R.S. 17:3152(A)(1) and (C)(2)).
- If you deny admission because of a conviction for one of those offenses, notify the person, who may appeal to the entity that considers your disciplinary matters (La. R.S. 17:3152(A)(2)).
- If you ask about criminal conviction history when obtaining secondary information such as immunizations, financial aid or housing, consider the nature and gravity of the conduct and whether it bears a direct relationship to the student's participation in campus life, the time that has passed, the student's age at the time, and any evidence of rehabilitation or good conduct (La. R.S. 17:3152(B)(2)).
- Do not deny, based solely on criminal conviction history, admission to or continuation in an academic program that prepares a student for a career requiring an occupational license or a teaching certificate, and offer counseling about the licensing or certification requirement (La. R.S. 17:3152(C)(1)).
These lines are LexLint's reading of the law's text.
What this law does
Under Revised Statutes 17:3152(A)(1), a public postsecondary education institution may not inquire about a prospective student's criminal history on an initial application form or at any time during the admissions process before it decides whether to accept the prospective student for admission.
Under Revised Statutes 17:3152(A)(2), the institution may inquire on an initial application form about convictions for the offenses that paragraph lists by reference to Title 14 of the Revised Statutes and their equivalents under the law of another state or under military, territorial, foreign, tribal or federal law, and if it denies admission on such a conviction it must notify the person, who may appeal to the entity that considers the institution's disciplinary matters.
Under Revised Statutes 17:3152(B)(1), after a student is accepted for admission, the institution may inquire about criminal conviction history to offer supportive counseling and services or to decide the student's participation in campus life.
Under Revised Statutes 17:3152(B)(2), an institution that inquires when obtaining secondary information such as immunizations, financial aid or housing must consider the nature and gravity of the conduct, the time that has passed, the student's age at the time and any evidence of rehabilitation or good conduct.
Under Revised Statutes 17:3152(C)(1), an institution may not deny, based solely on criminal conviction history, admission to or continuation in an academic program that prepares a student for a career requiring an occupational license or a teaching certificate, and it must offer counseling about the licensing or certification requirement.
Under Revised Statutes 17:3152(C)(2), the LSU Health Sciences Centers at New Orleans and Shreveport, the LSU School of Veterinary Medicine and other public postsecondary education institutions may consider criminal conviction history provided on an application designed by a national application service, tailored for admission to a specific degree program and used by institutions in multiple states. The section took effect on .
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