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Committee forwards "Beyond the Box" ordinance to block pre‑admission criminal‑history questions at private colleges

Public Safety and Neighborhood Services Committee · November 28, 2018
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Summary

The committee advanced an ordinance that would delay criminal‑history questions on private post‑secondary applications until after an offer of admission; sponsors said the change would reduce a significant barrier to enrollment and included clarifying amendments.

The Public Safety and Neighborhood Services Committee on Nov. 28 advanced an ordinance, known as "Beyond the Box," that would prohibit private post‑secondary institutions from asking applicants about criminal history in the pre‑admission phase and would delay such inquiries until after an offer has been made and an applicant agrees to enroll.

Alia Chisti, legislative aide to Board President London N. Breed's predecessor (identified in testimony as President Cohen’s office), presented the ordinance and three clarifying amendments. She said the bill is intended to reduce a "formidable barrier" to enrollment that disproportionately affects people of color and those without resources to seal or expunge records. The ordinance includes exceptions for admissions where an applicant’s conviction history is directly relevant to employment or licensure requirements and for applicants from outside the United States; it also directs institutions to retain relevant records for three years and authorizes the Office of Labor Standards Enforcement to investigate violations and impose penalties.

Annie Freitas of Operation Restoration, who researches reentry and higher‑education access, described comparable measures passed in other states and urged passage, citing research that the box deters applicants and can produce inequitable outcomes. Multiple public commenters, including formerly incarcerated students, recounted having to submit essays or court documents that they said led to stigma or rescinded offers.

A supervisor moved to accept the clarifying, non‑substantive amendments and then to forward the ordinance with a positive recommendation; both motions carried without objection. The ordinance now moves to the Board of Supervisors for further consideration.