Navigating State Barriers: Challenges for Formerly Incarcerated Students in Licensing Programs

Higher education has an important role to play when it comes to providing information to students searching for educational programs that leads to a license or certification. In that light, what information should be provided by the institution to formerly incarcerated students who are looking for professional or licensure programs? While some states do have barriers that this student group must, many do not prohibit these students from accessing certain programs and may want to ensure they are providing the required and helpful information when needed.

We often hear the U.S. Department of Education (Department) express concern for a student’s “worthless degree.” Such a descriptor is typically applied when a student cannot gain employment in their chosen field. Public disclosures regarding state prohibitions to employment for formerly incarcerated individuals were addressed recently in new regulations for prison education programs for currently incarcerated individuals receiving Pell Grants. However, the question remains: how should colleges and universities support formerly incarcerated students who have enrolled at their institution? Many of these students need assistance and guidance to navigate the various state laws and processes to make informed decisions about education and career goals. Additionally, how can we support the students without requiring them to self-identify as formerly incarcerated individuals?

The State Authorization Network (SAN), as an organization that regularly addresses state variation of laws and regulations, determined that since states differ so widely, we should begin to address the differences and similarities of rules and regulations for licensed professions for employment of formerly incarcerated individuals. To pursue an initial review of the variations, SAN obtained the assistance of two undergraduate interns to compare a sample set of state rules, with the sample representing each region of the United States. We are pleased to welcome our guest contributors, Charisma Barrow and Chrischen Thompson, to share their findings on state processes and opportunities. 

As you will see from the interns’ preliminary research, states vary, as expected. However, what is consistent is that there are prohibitions for employment based on the incarceration status of the student. These students would have difficulty navigating the variations and requirements and may ultimately pursue a degree program for which they would be prohibited from seeking employment in the occupation. We hope that by sharing this preliminary research, institutions will consider how they share program information publicly to avert student disappointment if they encounter barriers to employment after completing the educational program. [...]