Beyond the Box
Beyond the Box
Increasing Access to Higher Education for Justice-Involved Individuals
May 9, 2016 U.S. Department of Education
U.S. Secretary of Education John B. King, Jr. Secretary of Education
May 2016
This report is in the public domain. Authorization to reproduce it in whole or in part is granted. While permission to reprint this publication is not necessary, the citation should be: U.S. Department of Education, Beyond the Box, Washington, D.C. 2016.
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Beyond the Box
Contents
Purpose of This Guide .......................................................... 1 Background .......................................................................... 3
The Vital Importance of Campus Safety ..................................... 8 The Use of Criminal History Information in Higher Education... 10 Legal Considerations .......................................................... 14 Promising Practices for Mitigating Barriers to Higher Education ........................................................................... 18 Strategies for Ensuring Postsecondary Persistence and Completion for Admitted Students ..................................... 29 Conclusion.......................................................................... 37 Resources .......................................................................... 40 Federal Resources .................................................................... 40 Nonfederal Resources .............................................................. 41 Appendix A: College and University Self-Assessment ......... 42 Endnotes ............................................................................ 44
iii
Beyond the Box
Increasing Access to Higher Education for JusticeInvolved Individuals
Purpose of This Guide
Beyond the Box
Today, an estimated 70 million Americans have been involved with the
criminal justice system. Data show plainly that people of color are more likely
to come in contact with the justice system due, in part, to punitive school
disciplinary policies that disproportionately impact certain student groups and racial profiling.1 There is also growing recognition that successful
reintegration back into our society for justice-involved individuals benefits
those individuals, their families, and our communities. Research also shows
that education can be a powerful pathway for justice-involved individuals to
transition out of prison back into the classroom or the workforce, and cuts the likelihood of returning to prison within three years by over 40 percent.2
With this context, it is critical to ensure that gateways to higher education,
such as admissions practices, do not disproportionately disadvantage justice-
involved individuals who have already served their time. Criminal justice
information (CJI), for instance, has been shown to deter potentially well-
qualified applicants from applying for, and enrolling in, the postsecondary
education and training that economists predict is critical to meaningful
reentry and labor market success.3 For purposes of this guide, criminal
justice information includes information relating to juvenile arrests and
1
adjudications as well as criminal arrests and convictions.
Beyond the Box
Postsecondary institutions work continuously through a variety of means to promote campus and classroom diversity and inclusivity; two characteristics known to enrich and improve the overall educational experience.4 This work also includes designing fair and nondiscriminatory admissions processes. To assist colleges and universities in identifying and removing barriers that justice-involved individuals might face when applying for admission and unlocking the untapped potential of these students, the U.S. Department of Education (Department) has compiled this guide. This guide was developed with input from a diverse array of colleges and universities, stakeholders, and students, including formerly incarcerated students,and informed by research and promising practices.
A number of federal programs address the persistent barriers to successful reentry that justice-involved individuals experience. Efforts have ranged from providing guidance and coordinating federal funding streams to help those who have served their time obtain housing and higher education to enacting measures to ensure that more applicants, including those with prior criminal histories, receive a fair opportunity to compete for employment. Together, these actions are aimed at improving the overall outcomes for individuals who may have come in contact with the justice system by helping them get the education, support, and other opportunities they need to succeed in life, and to build strong and safe communities.
Who should read this guide?
College and university presidents, admissions personnel, enrollment management staff, academic deans, student services personnel, professors, and counselors
Organizations that work with justice-involved individuals
What does this guide offer?
Data indicating that the consideration of criminal justice information during the admissions process could create unnecessary barriers to higher education for justice-involved individuals
Recommendations for how to modify admissions policies and practices to support a more holistic review of applicants
2 Resources on how to support justice-involved students after enrollment
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