Expanding College Access for Students with Histories

Summary#

The Beyond the Box for Higher Education Act of 2026 would amend the Higher Education Act of 1965. Its stated goal is to help colleges make postsecondary education more accessible to people with criminal or juvenile justice histories. The bill is at an early stage and is not law.

  • The Education Secretary must issue guidance and recommendations for colleges on removing criminal and juvenile justice questions from admissions applications. The Secretary must consult the Justice Department and relevant community stakeholders.
  • The guidance would recommend different practices depending on whether a college decides to remove these questions or decides they are necessary for admissions. These are recommendations to colleges, not requirements.
  • The Secretary must use funds available to the Department to provide colleges with training and technical assistance. Training topics include evaluating applicants, avoiding proxy questions, privacy, campus employment, student services, and career guidance.
  • The Secretary must develop a resource center for college best practices and research on people with criminal or juvenile justice histories and postsecondary education.

What it means for you#

  • Applicants and students with criminal or juvenile justice histories: The bill would not require colleges to remove admissions questions, prohibit colleges from considering this history, or give applicants a new right to admission. It would recommend that colleges consider whether admissions questions are needed and, if they keep them, use specific questions and give applicants a chance to explain their circumstances.
  • Applicants whose admission is denied or rescinded based solely on this history: The guidance would recommend that colleges provide notice and a reason within 30 days. This would not be a binding notice requirement under the bill.
  • Colleges: They would receive federal guidance, training, and technical assistance. The bill does not require them to follow the recommendations or create a process for applicants to apply for review.
  • Federal Education Department: It would have duties to issue guidance, provide training and technical assistance using available funds, and develop the resource center.
  • Students seeking financial aid or campus jobs: The bill calls for staff training related to work-study and campus employment, but does not change financial-aid eligibility or create a job benefit.

Money#

No publicly available information gives a cost estimate.

  • The Department must use funds available to it for training and technical assistance. The bill does not specify an amount, staffing level, or new appropriation.
  • The bill also requires a resource center, but does not state its cost.
  • It does not establish a fee, fine, tax, or direct payment to students or colleges.

What is unclear#

  • The bill does not define “criminal or juvenile justice history.”
  • It sets no deadline for issuing the guidance, starting the training, or developing the resource center.
  • It does not say how the Department would check whether colleges follow the recommendations, or require reporting by colleges.
  • The text supplied does not include the current Higher Education Act, so the existing law and any overlap with current federal guidance or programs could not be verified.
  • No publicly available information gives a funding plan or explains how community stakeholders would be consulted.

Case for#

  • The bill appears intended to reduce barriers to college for people whose arrest, conviction, or juvenile justice records may not be relevant to their ability to study.
  • A possible argument for guidance rather than a uniform rule is that colleges can consider whether questions are needed in their own admissions and other processes.
  • Training and a resource center could give colleges practical information on privacy, bias, and supporting students with these histories.

Case against#

  • The bill does not require colleges to remove admissions questions or follow the guidance, so practices may not change.
  • The bill does not require tracking or public reporting, making it unclear how anyone would know whether the recommendations are used.
  • The Department must provide training and create a resource center without a stated budget or deadline. The scope and cost of those duties are therefore uncertain.