DOVER, De – The House passed legislation Thursday that would prevent Delaware’s higher education institutions from asking prospective students questions about their criminal history during the initial application process or the admissions process except in limited instances. It follows a bill previously passed in the Senate.
Under SB 13, known as the Ban the Box Act, Delaware colleges and universities would be required to replace blanket questions about criminal convictions on student applications with more targeted questions about convictions for stalking, sexual assault, other sexual offenses, and similar crimes.
After accepting a student for admission, higher education institutions would still be allowed to request a student’s criminal history to make decisions about their participation in campus life or whether supportive counseling is required. However, the school must consider the nature and gravity of the student’s prior conduct, the amount of time that has passed since any conviction, the age of the student when the incident occurred and any evidence of rehabilitation.
SB 13, which was amended in the House, now heads to the Senate for final consideration before going to Governor Carney for his signature.