§3152. Consideration of criminal history; prohibited acts

A.(1) Except as provided in Paragraph (2) of this Subsection, a public postsecondary education institution, referred to in this Section as an "institution", shall not inquire about a prospective student'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.

(2) An institution may inquire on an initial application form about a prospective student's criminal conviction history relative to any conviction for an offense defined in R.S. 14:40.2, 40.3, 41, 42, 42.1, 43, 43.1, and 43.2 or an offense under the laws of another state or under any military, territorial, foreign, tribal, or federal law that is equivalent to any of these offenses. If an institution elects to deny admission based on any such conviction, it shall notify the person, who may appeal the decision to the entity that considers the institution's disciplinary matters.

B.(1) After a student has been accepted for admission, an institution may make inquiries relative to his criminal conviction history, not limited to the offenses enumerated in Paragraph (A)(2) of this Section, for the following purposes:

(a) Offering supportive counseling and services.

(b) Making decisions relative to a student's participation in campus life and determining if the institution will limit such participation.

(2) An institution may make such inquiries when obtaining secondary information, including but not limited to information pertaining to immunizations, financial aid, or housing. If an institution elects to make such inquiries, the institution shall consider all of the following:

(a) The nature and gravity of the criminal conduct and whether it bears a direct relationship to a particular aspect of a student's participation in campus life, including but not limited to campus residency and campus activities.

(b) The time that has passed since the occurrence of the criminal conduct.

(c) The age of the student at the time of the conduct underlying the criminal conviction.

(d) Any evidence of rehabilitation or good conduct produced by the student.

(3) After a student has been accepted for admission, an institution offering a teacher preparation program may consider criminal conviction history if information pertaining to such history is provided on the professional conduct form developed by the state Department of Education for use in the teacher certification process. The purpose of such consideration shall be limited to the offering of counseling as provided in Paragraph (C)(1) of this Section.

C.(1) An institution shall not deny based solely on criminal conviction history admission to or continuation in an academic program designed to prepare a student for a career that requires an occupational license or a teaching certificate. The institution shall offer counseling relative to the licensing or certification requirement in order to assist a student in making an informed decision about pursuing such program.

(2) The Louisiana State University Health Sciences Center at New Orleans, the Louisiana State University Health Sciences Center at Shreveport, the Louisiana State University School of Veterinary Medicine, and other public postsecondary education institutions may consider criminal conviction history if information pertaining to such history is provided on an application that is designed by a national application service, tailored for admission to a specific degree program, and used by postsecondary education institutions in multiple states.

Acts 2017, No. 276, §1.