The Board should require that PTA programs in the Commonwealth of Virginia accept qualified individuals with prior misdemeanors and felonies so long that they are not barred under “Barrier Laws” with the following considerations:

1) The length of time since the criminal offense occurred;

2) Whether there is sufficient evidence of rehabilitation;

3) Letters of recommendation;

4) Current sobriety as proven by testing;

5) Any other evidence of extenuating circumstances

In so doing, the Board will help ameliorate the shortage of physical therapist in Virginia, and help align PTA programs admission policies with those used by the Board during the licensure process.

Opening up the admittance process will help solve the PTA shortage in Virginia

There will be a shortage of almost 50% in the PTA work force by 2020[1]. We need region specific solutions to ensure care for the growing population whose needs may not be served due to a shortage of medical professionals[2].

Increasing capacity within the health care education and training system is one way to solve this problem. Opening up PTA educational programs to those with criminal backgrounds helps solve the PTA shortage in Virginia.

Programs should evaluate candidates on a case-by-case basis

Virginia law excludes individuals from working in certain environments who have been convicted of specified criminal acts. In doing so the legislature made a determination of the types of past criminal activity that would potentially endanger patients. Currently, physical therapy assistant programs go beyond the list compiled by the legislature[3].

In fact, the Board of Physical Therapy determines on a case-by-case basis whether a prior criminal conviction should be a bar to licensure in Virginia. Not only does it make sense to align the state’s PTA programs with this practice, it also matches the guidance provided by the AAMC which recommends that medical schools do not establish a list of prohibited offenses[4].

Instead, the AAMC advises member institutions to holistically evaluate each offense on a case-by-case basis.

So long as an applicant to a physical therapy assistant program has not been convicted of a criminal act that would be an absolute bar to employment under the “Barrier Laws” of the Commonwealth of Virginia, qualified applicants should be reviewed on a case-by-case basis.

An individual should be eligible for admission to PT/PTA programs if they have a non-violent criminal felony history (not on the Barrier list) and has rehabilitated themself as evidenced by:

1) A length of time since the criminal offense occurred;
2) Evidence of rehabilitation;
3) Letters of recommendation;
4) Current sobriety as proven by testing,     if appropriate;
5) Any other evidence of extenuating circumstances.

The Board of Physical Therapy determines on a case-by-case basis whether a prior criminal conviction should be a bar to licensure in Virginia. As of 2008, an estimated 92 million people in the U.S. had a criminal history record. This number continues to grow. Thus, rehabilitation of people with a criminal record, allowing them to learn from their previous poor judgment and contribute to society, is becoming more relevant. Are all these people to be thrown away? It has been argued that current Barrier Laws, applied to all individuals, are prohibitive. Are not some individuals able to learn from their poor judgment and go on to lead a productive lawful life?

There has been some movement in recognizing these ideas. I hope you will allow the reasonable next step of considering individuals for PT/PTA school on a case by case basis.

Several states (FL, NJ, AK, IL) already have provisions to review individuals with a felony for different job applications on a case by case basis, or to receive an exemption from the Barrier Laws. Virginia community services boards have also advocated a case by case review of individuals with a felony, recognizing the need to assimilate selected individuals, and not isolate them. 

I hope you will take the next step and vote to pass this reasonable petition. 

Respectfully Yours

McClellan Walther

It is in best interest to the ever growing needs of the medical community to remove the unconditional barrier for people who have non-violent felonies for Physical Therapy education and work. It is our job to protect patients, but it is also our job to do our own research and treat applicants as individuals and not part of a "class" or group. Please allow these people to stand on their own individually with references, sufficient sobriety, etc.

Thank you for your consideration.

In addition to the reasons stated in the prior comments, I find it unsettling that the Virginia legislature has adopted a bright line rule barring individuals with non-violent felonies from participating in Physical Therapy Assistant (PTA) programs. Such a law is a direct reflection of the legislature's view that (a) its penal system is either not capable or not attempting to rehabilite its offenders and (b) that felonious activity is irredeemable. As such, it continues to punish offenders well after the individual has served his or her punishment. But people make mistakes. People can change. And people do change. And for that very reason it would be wise to remove the current bright line rule and instead adopt a case-by-case approach using the considerations illustrated previously. Instead of withholding individuals from contributing to society, we should be investing in them.  

Other states and institutions who foster a case-by-case review have accepted applicants into doctoral studies whom have gone on to save lives and serve their communities.

All across the country legislatures, promulgating agencies and rulemaking bodies are thoughtfully reexamining the entrance of prior-offenders back into society. This movement steams from a recognition that too many citizens are in jail, budgets are being stressed, the rate of recidivism is not moving in the right direction...etc  Modest to fundamental changes to existing laws, rules and practices as long as such changes are intelligent and in the context of public safety can help enrich the lives of prior-offenders helping to get them on a path of security within themselves and society. The change requested by Mr. Tarantino is a thoughtful and careful balance in creating a much needed space for prior offenders to access a life as a PTA in the commonwealth. I strongly urge the adoption of Mr. Tarantino's request. 

Northern Virginia Community College’s blanket exclusion to prevent individuals with a criminal history to be accepted into the PTA program is archaic and should be repealed. 

People who make mistakes and who have broken the law should be able to serve their punishments and move forward with their lives. This ban creates an unjust barrier against education and the resulting personal, social and financial benefits to both the individual and the Commonwealth of Virginia.  It serves to perpetuate social biases and stigmas against those with a prior record thus reducing their ability to become contributing members of society. Contrary to basic premises of our U.S. constitution, it essentially forces individuals to serve a second punishment for the same crime.

In the employment world, many states have laws against blanket exclusions from employment based on prior criminal convictions.  It is both illegal and discriminatory. 

The standard college acceptance criteria should apply to all candidates, which generally view the candidate as a whole, considering a multitude of factors including GPA, standardized test scores, essays, community involvement, references, instructor recommendations and often a personal interview.  The decision should be made on who the individual is now, not on a prior mistake.

I too strongly recommend the adoption of the petitioner's request, and I encourage the Board to view this specific matter within the larger framework of the national conversation that's unfolding about the stigmatization of those our society characterizes as "criminals" and "felons" during the era of mass incarceration. The petition before you reflects a concrete opportunity to acknowledge that our societal impulse to be punitive does not represent our most cherished normative values and principles. That societal impulse, which is based fundamentally on fear, has short-circuited our creativity and common sense, as well as our care, compassion and concern for thousands upon thousands of individuals who deserve a second chance, who have served their time, and who should see their "sentence" finally come to an end. Restrictions such as those this petition seeks to remedy are an enormous hurdle for such individuals, and they reinforce the self-perpetuation of our nation's horrifically inneffective and immoral criminal justice system - the largest and most punitive such system on the planet. 

Most Universities that collect and use criminal justice information have adopted additional steps in their admissions decision process, the most common of which is consulting with academic deans and campus security personnel. Special requirements such as submitting a letter of explanation or a letter from a corrections official and completing probation or parole are common. (The Use of Criminal History Records in College Admissions, Center for Community Alternatives-Innovative Solutions for Justice)

Each person should be judged on his or her merits and not on stereotypes, prejudice, or stigma, and have a second chance to establish him or herself in a law abiding life with the privileges and responsibilities of citizenship. Maximizing the chance that people with criminal records can successfully assume the responsibilities of independent, law-abiding citizens is a critical component of guaranteeing and reinforcing the community's legitimate interest in public safety. (After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People With Criminal Records -- By the Legal Action Center)

This proposed change is not requiring physical therapy assistant programs to admit students who might be dangerous. It is asking the Board to exercise its authority to determine what educational programs meet the Board's qualifications to encourage physical therapy assistant programs to use their discretion in admitting students with prior felonies who have paid their debts to society and have been rehabilitated. It is asking that those people be given the opportunity to pursue a profession and contribute to society.

The Virginia Board of Physical Therapy determines on a case-by-case basis whether a prior criminal conviction should be a bar to licensure in Virginia. Under the status quo, people whom employers and the Board might determine are fit for licensure are essentially denied entrance to the profession by education programs long before the Board can carefully consider each applicant on his or her own individual merits.

I understand that this practice is engrained into the NVCC MEC drinking water. However, just because it has been an accepted practice to date does not make it the right thing. In fact, the Association of American Medical Colleges, a leader in the academic medical community, recommends that medical schools do not establish a list of prohibited offenses. It advises member institutions to holistically evaluate each offense on a case-by-case basis. (American Physical Therapy Association Criminal Background Check Report For Physical Therapist Education Programs)

Lastly the absolute bar to admissions in physical therapy assistant programs hurts residents of Virginia. Someone from a state where educational programs do not treat prior felonies as an absolute bar to admission is free to apply for licensure in the Commonwealth of Virginia and have the Board decide on the application on a case-by-case basis. For a resident of Virginia to receive the same privilege, he or she must first leave the state or the northern virginia area for school. This might result in higher tuition costs and it might discourage others from pursuing a profession for which they would otherwise be qualified. Once a Virginia resident leaves the state for an education, he or she might never return and deprive the Commonwealth of Virginia of the services of a qualified health care professional.

There are multiple ways legislation can be pushed forward by the VBPT to fix this that is within their jurisdiction. Please make NVCC adapt to good practice in order to be in good-standing with VBPT.

Thank you so much for your time and your service to Virginia.

If we are ever to fully rehabilitate the citizens of our country which we would presume to be the goal of any penal system, we must enable them to have successful lives and contribute to the socitety to which they have paid their debt. Without this, we can only expect a continuation of illegal activity since the true american dream of prosperity and success will be denied them. While it may be easy to say that a felon has forfieted his or her right to a succesful and prosperous life by choosing to commit crimes, there are undoubtedly exceptions to this stance, and we owe it to those few who have a chance to re-enter society as productive members to hear their case and decide on it's merits and details alone. 

The removal of this barrier to an educational opportunity with the caveats described in the proposal provides a benefit to society and the physical therapy business sector. To bar an educational opportunity, especially one with such importance and limited employee pool, without any regard to the circumstances serves no purpose.  Changes to the judicial rehabilitation process such as this are long overdue. The continuously punitive nature of criminal prosecutions by excessively barring them from employment or education negates the entire concept of criminal reform and only harms society and the individual in the long run. It should definitely be voted into effect at the next opportunity.

Being familiar with the history of novahealthforce.com and why it was created, this petition provides the exact kind of creative-solutions Virginia is looking for.  With this petition, the VBPT and Commonwealth will be an example for other states to follow.

Research finds that people with criminal records seeking reentry face a daunting array of counterproductive, debilitating and unreasonable roadblocks in almost every important aspect of life. More than 630,000 people are released from state and federal prisons every year, a population to that of Baltimore or Boston, and hundreds of thousands more leave local jails. Rather than helping them successfully transition from prison to community, many current state and federal laws have the opposite effect, interfering with the rights and obligations of full citizenship in nearly every aspect of people's lives. These laws diminish public health and safety. They undermine the nation's commitment to justice and fairness, creating roadblocks to basic necessities for hundreds of thousands of individuals who are trying to rebuild their lives, support their families and become productive members of communities.

Each person should be judged on his or her merits and not on stereotypes, prejudice, or stigma, and have a second chance to establish him or herself in a law abiding life with the privileges and responsibilities of citizenship. Maximizing the chance that people with criminal records can successfully assume the responsibilities of independent, law-abiding citizens is a critical component of guaranteeing and reinforcing the community's legitimate interest in public safety and health.

The following is a story taken directly from the report on "The Use of Criminal Records in College Admissions":

Juan' graduated from a from a four-year university in May 2010. He began his higher education at a community college which did not ask about his criminal record. But questions about criminal convictions were included on the application to the four-year institution to which he transferred. Juan's criminal record made it difficult for him to enroll and attend the school of his choice. He was admitted after undergoing reviews of his record (which pre-dated college) but the university placed him on disciplinary probation. He remained on disciplinary probation for the next two years in spite of the fact that he had no further criminal involvement or on-campus problems of any kind. Each semester a hold was put on his admission and he would have to go through a special review before being permitted to return. Disciplinary probation status restricted Juan's ability to full participate in campus activities. He was selected for the Beta Alpha Psi Honor Society, but his disciplinary probation status prevented him from serving as an officer or representing the university in any way. Juan graduated with honors and applied and was accepted into a graduate MBA program at the same university. Despite the fact that he has an excellent undergraduate record, the university will require that he continue on disciplinary probation while in graduate school. Juan has appealed this decision. At the time this study was completed, Juan was notified that his appeal was successful and he will no longer be subject to disciplinary probation. While he is pleased with the results Juan stated that he was bothered by having to go through a process after so many years. Juan was disappointed that he could not be an officer and could not represent the university. He also found the university's attitude towards him to be very discouraging and could understand how someone with less commitment and fortitude would be deterred from pursuing their higher education goals. Despite these obstacles, Juan describes college as 'part of his redemption... College has helped change my life'.

Juan's situation is not an isolated example. Juan's story is one of many that show how a criminal conviction can serve as an unfair and unjustified obstacle to gaining a higher education.

The last point in favor of this petition is that Federal Agencies, including the DoD and State Department do case-by-case reviews of individuals with felonies. The "considerations" described in Mr. Tarantino's memorandum are closely aligned with the considerations described here: http://www.state.gov/m/ds/clearances/60321.htm#h

Thank you for your consideration.

Richard Kabanuck

Resources:

After Prison: Roadblocks to Reentry: A Report on State Legal Barriers Facing People With Criminal Records -- By the Legal Action Center

The Use of Criminal History Records in College Admissions, Center for Community Alternatives-Innovative Solutions for Justice

A 1999 study by the U.S. Department of Justice found that over 40% of inmates return to incarceration within three years of their initial release. Artificial and often superfluous barriers prohibit ex-offenders from becoming contributing members of society.

A review of the literature irrefutably finds that the probability of ex-offenders recidivating is tremendously reduced if he or she has been able to reintegrate fully into society. However, the plethora of current restrictions on employment opportunities has considerable adverse affects on the rehabilitation process of an ex-offender, thus significantly hindering the likelihood of an ex-offender ever becoming successfully rehabilitated.

Mr. Tarantino’s proposal is fair and equitable for potential PTA’s, the Commonwealth of Virginia, and a specialized field, which five-year projections show a significant shortfall of qualified assistants. With a proper set of checks and balances in place, ex-offenders are held accountable while being reviewed under a critical lens on a case-by-case basis.

Thank you for your valuable time,

Don Barr

6^th Grade Teacher

Marquette Area Public Schools

Currently, an absolute barrier to admissions for physical therapy assistant (PTA) programs exists in the Commonwealth of Virginia, which is discriminatory against Viginia residents.

Applicants to these same programs that come from a state where educational programs do not treat prior felonies as an absolute bar to admission are free to apply for licensure in Virginia and have the Board decide on the application on a case-by-case basis. For a resident of Virginia to receive the same privilege, he or she must first leave the state for schooling. In addition to the costs of moving & a host of other tangible / intangible inconveniences, this can result in higher tuition costs and discouragement from pursuing a profession for which they would otherwise be qualified. Furthermore, once a Virginia resident leaves the state for education, he or she might never return and deprive the Commonwealth of Virginia of the services of a qualified health care professional.

In sum:  Persons with non-violent felonies should instead be allowed a fair case-by-case review during the admissions process.

I've seen first hand the pain it creates for families that live in an area with a shortage of physical therapy support. It is devastating to the patients and families. If you can put yourself in our shoes, you will see why creative solutions like this have a history of bettering communities.

Additionally the Virginia Community Service Board has been in favor of more change. The CSB is responsible for assuring, with resources, the delivery of community-based mental health, developmental, and substance abuse services to individuals with mental health or substance use disorders, intellectual disability, or co-occuring disorders. This group is more in touch with individual risk than the legislators, and is not burdened with the responsibility of public scrutiny regarding what bills they propose and how they vote on them.

Virginia is undermanned in a lot of areas regarding medical assistance. I've cared for families and have come across many scenarios where people in need were not getting the adequate amount of PT/PTA help. They couldn't get PT/PTAs to their houses as much as they needed and it led to a lot of pain and resentment from the patients and families.

With the particular nature of the kind of support a PT/PTA gives to people, this is exactly where a solution like this needs to start.

We've seen the reports that led to websites like novahealthforce.com. Yet, the future does not look any brighter with the current solutions. This particular solution has been shown to be safe and effective despite the stereotypes.

I know a person in the Northern Virginia area that made drug-related mistakes when they were 19 and received a felony for it. They were caught in a bad crowd and paid the price. Now they are a college graduate and a community leader. However they can't pursue PT/PTA education in this area because of restrictions from schools like NVCC. This makes no sense to me since they have proven in the last 5 years to be great leaders.

I think you should protect the current students at NVCC in parallel with writing legislature to force schools like NVCC to change their practices. Redefining who you accept as an "Approved Program" in Virginia is a clever way to do this.

Do you know anyone that made a mistake years ago but is a great person now? If so, you should enforce new standards upon NVCC.

Their approach to individuals with non-violent criminal records is out-of-date and based off unacceptable reasoning today. Rather, in order to adequately address personnel-shortage issues, Boards should consider how to leverage smart-on-crime strategies.

The following study shows that there is not relation between medical-crimes occuring and whether a person had a criminal record in their history.

The Use of Criminal Records in College Admissions, Center for Community Alternatives-Innovative Solutions for Justice:

-"No link has been established between having a criminal record and posing a risk to campus safety."

-"Having a criminal record is not an unusual characteristic in America today."

-"Criminal records are often innaccurate and/or misleading."

-"Accepting applicants with criminal records promotes public safety."

-"Higher education opens the doors of opportunity, enhances critical thinking, and leads to better and more stable employment."

-"Studies show that education dramatically reduces recidivism."

-"Universities promote public safety when they open their doors to people with criminal records who demonstrate the commitment and qualifications to pursue education."