1

34 CFR § 600.2 Definitions

* * * * *

Additional location: A facility that is geographically apart from the main campus of the 

institution and at which the institution offers at least 50 percent of a program and may qualify as 

a branch campus.

A Federal, State, or local penitentiary, prison, jail, reformatory, work farm, juvenile justice 

facility or other similar correctional institution is considered to be an additional location as 

defined under 34 CFR 600.2 even if a student receives instruction primarily through distance 

education or correspondence courses at that location. 

Confined or iIncarcerated studentindividual: means an individual: A student who is serving a 

criminal sentence in a Federal, State, or local penitentiary, prison, jail, reformatory, work farm, 

juvenile justice facility juvenile justice facility, or other similar correctional institution. An 

individual student is not considered incarcerated if that student individual is subject to or serving 

an involuntary civil commitment, in a half-way house or home detention, or is sentenced to serve 

only weekends. For purposes of Pell Grant eligibility under 34 CFR 668.32(c)(2)(ii), a student 

who is incarcerated in a juvenile justice facility, or in a local or county facility, is not considered 

to be incarcerated in a Federal or State penal institution, regardless of which governmental entity 

operates or has jurisdiction over the facility, including the Federal Government or a State, but is 

considered incarcerated for the purposes of determining costs of attendance under section 472 of 

the HEA in determining eligibility for and the amount of the Pell Grant.

Juvenile justice facility: A public or private residential facility that is operated primarily for the 

care and rehabilitation of youth who, under State juvenile justice laws -

(1) Are accused of committing a delinquent act; 

(2) Have been adjudicated delinquent; or 

(3) Are determined to be in need of supervision

* * * * *

34 CFR § 600.7 Conditions of institutional ineligibility.

(a) General rule. For purposes of title IV of the HEA, an educational institution that otherwise 

satisfies the requirements contained in §§ 600.4, 600.5, or 600.6 nevertheless does not qualify as 

an eligible institution under this part if -

* * * * *

(iii) More than twenty-five percent of the institution's regular enrolled students were 

incarcerated;

Commented [A1]: 11/10: Stan- on 2021 Neg Reg site, 

Aaron’s name is not on the full committee list with the 

other subcommittee members. Aaron’s role on this 

committee is a conflict. 

Commented [A2]: 10/19, Terrell: add involuntarily civil 

commitment to those individuals who are not considered 

Dr McTier: add outpatient treatment facilities to those 

individuals who are considered incarcerated

Commented [A3]: 11/8 - 1 Thumb Down - Are 

students who are under involuntary civil commitment 

due to a sexual offense eligible for a Pell Grant?

Commented [A4R3]: 11/10: no thumbs down
2

* * * * *

(c) Special provisions regarding incarcerated students -

(1) Waiver Exception. The Secretary may waive the prohibition contained in paragraph 

(a)(1)(iii) of this section, upon the application of an institution, if the institution is a 

nonprofit institution that provides four-year or two-year educational programs for which 

it awards a bachelor's degree, an associate degree, or a postsecondary diploma and has 

continuously provided an eligible prison education program approved by the Department

under subpart P of 34 CFR part 668.8(o) for at least two years. The Secretary does not 

grant the waiver if -

(i) For a program described under paragraph (3)(ii) of this subsection, the 

program does not maintain a completion rate of 50 percent or greater; or

(ii) For an institution described under paragraphs (c)(2) or (3) of this 

subsection–

(A) The institution provides one or more eligible prison education 

programs that are not compliant with the requirements of subpart P 

of 34 CFR part 668.8(o); or

(B) The institution is not administratively capable under 34 CFR 

668.16 or financially responsible under 34 CFR Subpart L.

(2) Waiver for entire institution. If the nonprofit institution that applies for a waiver 

consists solely of four-year or two-year educational programs for which it awards a 

bachelor's degree, an associate degree, or a postsecondary diploma, the Secretary 

waivesmay waive the prohibition contained in paragraph (a)(1)(iii) of this section for the 

entire institution. 

(3) Other waivers. If the nonprofit institution that applies for a waiver does not consist 

solely of four-year or two-year educational programs for which it awards a bachelor's 

degree, an associate degree, or a postsecondary diploma, the Secretary waivesmay waive

the prohibition contained in paragraph (a)(1)(iii) of this section on a program-by-program 

basis--

(i) For the four-year and two-year programs for which it awards a bachelor's 

degree, an associate degree or a postsecondary diploma; and 

(ii) For the other programs the institution provides, if the incarcerated regular 

students enrolled in those other programs have a completion rate of 50 percent or 

greater.

(4) Waiver Limitations.

(i)

(A) For five years after the Secretary grants the waiver, the institution may 

not enroll more than fifty percent of the institution’s regular enrolled 

students as incarcerated students; and

(B) For the five years following the period described in subsection (A), the 

institution may not enroll more than seventy-five percent of the 

institution’s regular enrolled students as incarcerated students.

Formatted: Highlight

Commented [A5]: 11/8: Belinda will provide language on 

scaffolding/capping the amount the school is able to 

increase enrollment after receiving a 25% waiver.

Commented [A6R5]: 11/8: Stan- creation of an advisory 

group can help with this

Commented [A7R5]: 2 thumbs down from Belinda and 

Stan

Commented [A8]: ED has added this language to address 

Belinda’s concern about limiting growth for institutions that 

receive the waiver. This language caps the initial approval of 

a waiver at 49% of students; and allows the waiver to go 

above that once it has been in place for five years (or more). 

The Department will have operational opportunities to 

further limit growth past those five years if concerns 

remain.

We have also added an exception allowing public 

institutions chartered for the explicit purpose of serving 

incarcerated students to obtain a waiver above the 49% 

limit, provided those incarcerated students are located instate.

Commented [A9]: 11/10: no thumbs down
3

(ii) The limitations in subsection (i) do not apply if the institution is a public 

institution chartered for the explicit purpose of educating incarcerated students, as 

determined by the Secretary, and all students enrolled in a prison education 

program for the institution are located in the state in which the institution is 

chartered to serve.

(54) The Secretary limits or terminateswithdraws the waiver described in this subsection 

if the Secretary determines the institution no longer meets the requirements established

under (c)(1) of this subsection.

(65) If the Secretary limits or terminateswithdraws an institution’s waiver under (c)(4) of 

this subsection, the institution ceases to be eligible for the title IV, HEA programs at the 

end of the award year that begins after the Secretary’s action withdrawal of the waiver

unless the institution, by that time –

(i) Demonstrates to the satisfaction of the Secretary that it meets the requirements 

under (c)(1) of this subsection; andor

(ii) The institution does not enroll any additional incarcerated students upon the 

limitation or termination of the waiver and rReduces its enrollment of incarcerated 

students to no more than 25 percent of its regular enrolled students

* * * * *

34 CFR § 600.10 Date, extent, duration, and consequence of eligibility.

* * * * *

(c) Educational programs.

(1) An eligible institution that seeks to establish the eligibility of an educational program 

must obtain the Secretary’s approval -

(i) Pursuant to a requirement regarding additional programs included in the 

institution's program participation agreement under 34 CFR § 668.14, obtain the 

Secretary's approval;

(ii) For thea first direct assessment program under 34 CFR § 668.10, the first 

direct assessment program offered at each credential level, for a comprehensive 

transition and postsecondary program under 34 CFR § 668.232, and forthe first 

eligible prison education program under 34 CFR 668.8(o) offered at the first two 

additional locations, obtain the Secretary’s approval;and

(iii) For the first eligible prison education program under subpart P of 34 CFR 

part 668 offered at the first two additional locations as defined under 34 CFR §

600.2 at a Federal, State, or local penitentiary, prison, jail, reformatory, work 

farm, juvenile justice facility or other similar correctional institution; and
4

(ivii) For an undergraduate program that is at least 300 clock hours but less than 

600 clock hours and does not admit as regular students only persons who have 

completed the equivalent of an associate degree under 34 CFR § 668.8(d)(3).

* * * * *

34 CFR § 600.21 Updating application information.

(a) Reporting requirements. Except as provided in paragraph (b) of this section, an eligible 

institution must report to the Secretary in a manner prescribed by the Secretary no later than 10 

days after the change occurs, of any change in the following: 

* * * 

(12) Its addition of a second or subsequent direct assessment program. 

(13) Its establishment of a written arrangement for an ineligible institution or organization to 

provide more than 25 percent of a program pursuant to 34 CFR § 668.5(c). 

(14) Its establishment or addition of an eligible prison education program at an additional 

location as defined under 34 CFR § 600.2 at a Federal, State, or local penitentiary, prison, jail, 

reformatory, work farm, juvenile justice facility or other similar correctional institution that was 

not previously included in the institution’s application for approval under as described under 34 

CFR § 600.10.

* * * * *

34 CFR 668.8 Eligible Program 

(n) For Title IV, HEA program purposes, eligible program includes a direct assessment program 

approved by the Secretary under § 668.10 and, a comprehensive transition and postsecondary 

program approved by the Secretary under § 668.232., and an eligible prison education program

under subpart P paragraph (o) of this part.

* * * * *

34 CFR § 668.32 Student eligibility - general.

* * * * *

(c)(2) For purposes of the Federal Pell Grant Program -

(i)

(A) Does not have a baccalaureate or first professional degree; or

(B) Is enrolled in a postbaccalaureate teacher certificate or licensing program as 

described in 34 CFR § 690.6(c); and

(C) Is not incarcerated in a Federal or State penal institution;

(ii)

(A) is not a confined or incarcerated individual as defined in 34 CFR § 668.235;34 CFR 

§600.2 or

Commented [A10]: No thumbs down for this section

Commented [A11]: 10/19 - Belinda: Change "Its addition" 

to "Its establishment" and add “as defined in 34 CFR 

600.2”after additional location

Commented [A12]: No thumbs down for this section 

Commented [A13]: No thumbs down for this section.

Commented [A14]: 11/8: Stan- how do we make this 

more inclusive? This section points specifically to not being 

Pell for all incarcerated individuals

Commented [A15]: 10/9 - Aaron - updated to "confined 

or incarcerated individual 

Commented [A16]: 11/8: Kim recommends combining A 

and B for clarification
5

(B) is enrolled in an eligible prison education program as defined in 34 CFR § 

668.8(o)236.

(ii) If the student is a confined or incarcerated individual as defined in 34 CFR § 600.2, is 

enrolled in an eligible prison education program as defined in 34 CFR § 668.236.

* * * * * 

34 CFR § 668.43 Institutional information.

(a) Institutional information that the institution must make readily available to enrolled 

and prospective students under this subpart includes, but is not limited to -

* * * * *

(5) The academic program of the institution, including -

(v) If an educational program is designed to meet educational requirements for a 

specific professional license or certification that is required for employment in an 

occupation, or is advertised as meeting such requirements, information regarding 

whether completion of that program would be sufficient to meet licensure 

requirements in a State for that occupation, including -

(A) A list of all States for which the institution has determined that its curriculum 

meets the State educational requirements for licensure or certification;

(B) A list of all States for which the institution has determined that its curriculum 

does not meet the State educational requirements for licensure or certification; 

and

(C) A list of all States for which the institution has not made a determination that 

its curriculum meets the State educational requirements for licensure or 

certification;

(vi) If a prison education program, as defined in 34 CFR 668.236, is designed to 

meet educational requirements for a specific professional license or certification that 

is required for employment in an occupation (as described in 668.236(g) and (h)), 

information regarding whether that occupation typically involves State or Federal 

prohibitions of the licensure or employment of formerly incarcerated individuals in 

any other State for which the institution has made a determination about State 

prohibitions on the licensure or certification of formerly incarcerated individuals.

(6) An institution that offers an eligible prison education program, as defined in 34 CFR 

§668.8(o) 668.236, must:

Commented [A17]: 11/10: no thumbs down

Commented [A18]: This language ((a)(5))was not 

previously included in the document, but we added it here 

to provide context about the current regulations.

Commented [A19]: The Department has proposed to 

rework the disclosure requirements to be more streamlined 

and effective. The previous disclosure language required 

institutions to make disclosures about whether their 

programs designed to lead to licensure do not meet 

licensure requirements (in the State where the facility is 

located, or where half of the individuals will reside upon 

release for a Federal facility). However, proposed 34 CFR 

668.236(g) and (h) already explicitly require programs to 

meet licensure requirements, so these disclosures would 

have been relatively meaningless.

Instead, we have aligned the language better with the 

current regulatory text, and required disclosures from the 

student as to whether the program meets licensure 

requirements in another state, if such institution has made a 

determination about licensure requirements in that state. 

This will provide more useful and actionable information for 

incarcerated students who may be considering moving to 

another state after release. We have nested this 

requirement under existing regulatory text as 

668.43(a)(5)(vi), and eliminated our proposed disclosure at 

668.43(a)(6).

Commented [A20]: 11/10: no thumbs down

Commented [A21]: Kim Cary- add entrance and exit 

counseling 

Dr McTier - add timeframes for providing disclosures 
6

(i) Upon requestIf applicable, provides any all available information regarding whether 

completion of the prison education program meets educational requirements for 

professional licensure or certification, including requirements for licensure or 

certification examinations needed to practice or find employment in the sectors or 

occupations for which the program prepares the individual program—

(A) In the State in which the correctional facility is located; or, 

(B) In the case of a Federal correctional facility, in the State in which the 

individual who is confined or incarcerated in such facility plans to reside upon 

release.

Formatted: Highlight

Commented [A22]: 11/8: Marisa- in conjunction with 

Dept of Correction staff, Ed staff at the specific correction 

facility. Needs to be a timeframe on entrance/exit 

counseling.

Commented [A23]: 11/8: Dr. Paccione- remove if 

applicable

Commented [A24]: 11/8 - Dr. McTier add - prior to 

distributing Pell to students and prior to the student exiting 

the prison education

Commented [A25]: 11/8: Kim suggests prior to 

enrollment and onboarding process because institution may 

not disburse Pell until the end of payment period

Commented [A26R25]: 11/8: Belinda- students are given 

this info at least 5 days before add drop period

Commented [A27R25]: Kim- at least 5 business days
7

(ii) If applicable, make available information upon request that confirms that the 

education is designed to lead to licensure or employment for a specific job or occupation 

does not typically involve Federal prohibitions on the licensure or employment of 

formerly incarcerated individuals—

(A) In the State in which the correctional facility is located; or

(B) In the case of a Federal correctional facility, in the State in which the 

individual who is confined or incarcerated in such facility plans to reside upon 

release.

Formatted: Highlight

Commented [A28]: 11/8: Stan- this language discourages 

the creation of programs that lead to licensures

Commented [A29]: 11/8: Stan- we can acknowledge the 

barriers but need to make the language more inviting

Commented [A30]: Thumbs down: Stan- and Belinda 

until we visit the language in the definition, Belinda-bubbles 

above
8

* * * * *

34 CFR 668 Subpart P – Prison Education Programs

34 CFR § 668.234 Scope and Purpose 

This subpart establishes regulations that apply to an institution that offers prison education 

programs to confined or incarcerated individuals. A confined or incarcerated individual enrolled 

in an eligible prison education program is eligible for Federal financial assistance under the 

Federal Pell Grant program. Unless provided in this subpart, confined or incarcerated individuals 

and institutions that offer prison education programs are subject to the same regulations 

and procedures that otherwise apply to Title IV, HEA program participants.

34 CFR § 668.235 Definitions 

The following definitions apply to this subpart:

Additional location has the meaning given in 34 CFR § 600.2.

Confined or incarcerated individual has the meaning given in 34 CFR § 600.2.

Commented [A31]: For subcommittee members: The 

Department has reworked the structure of these proposed 

regulations to appear in their own subpart, rather than 

falling within the definition of an eligible program at 34 CFR 

668.8.

Commented [A32]: No thumbs down on 668.234
9

Juvenile justice facility means a public or private residential facility that is operated primarily for 

the care and rehabilitation of youth who, under State juvenile justice laws—

(1) Are accused of committing a delinquent act; 

(2) Have been adjudicated delinquent; or 

(3) Are determined to be in need of supervision.

Oversight entity means—

(1) The appropriate State department of corrections or other entity that is responsible for 

overseeing correctional facilities; or

(2) The Federal Bureau of Prisons.

Commented [A33]: Has been moved to 600.2

Commented [A34]: 11/8: Stan- the above oversight entity 

will include stakeholders (e.g., higher education 

institutions, accrediting agencies, board of regents, higher 

education in prison programs, formerly incarcerated 

individuals and/or groups that represent them)"

Commented [A35]: 11/8: Stan- proposes to add a sub 

definition- advised by an advisory group- members of 

advisory group is listed later in the document

Commented [A36]: 11/9 - Stan RECOMMENDATION: Add 

the following text to Oversight entity means—

(3) The above-mentioned entities in (1) and (2) will be 

advised by an Advisory Committee made up of at least one 

of each the following stakeholders: higher education 

institutions, accrediting agencies, board of regents, higher

education in prison programs, formerly incarcerated 

individuals and/or groups that represent them, and a 

community-based organization focused on reentry services.

(a) This Advisory Committee will provide expert advice and 

recommendations on decisions such as PEP approval, 

denial, and appeals. If the above entities in (1) and (2) make 

a decision outside of the recommendation of the Advisory 

Committee, this may jeopardize the entities’ ability for ED to 

approve any of its existing PEPs.

Dr Paccione - instead of regents - board of trustees or their

designee. 

Dr. McTier- concerned about the "must" not "may" for all 

the entities. What are the timeframes the DOC may take a 

while?

Commented [A37]: 11/10: Kim- the oversight entity 

position the subcommittee had hoped for more 

collaboration but there is a statutory definition of the 

oversight entity already defined in the HEA.

Update this to the FACA and also add ED's rationale and 

included potential for Advisory committee's In the future
10

34 CFR § 668.236 Eligible Prison Education Program

(o) An eligible prison education program means an education or training program that—

(a(1) is an eligible program under this subpartsection offered by an institution of higher 

education as defined under 34 CFR § 600.4, or a postsecondary vocational institution as defined

under 34 CFR § 600.6;

(b(2) is offered by an eligible institution that has been approved to operate in a correctional 

facility by the appropriate State department of corrections or other entity that is responsible for 

overseeing correctional facilities, or by the Federal Bureau of Prisons oversight entity;

(3c) Aafter the 2 years of approval under (2) has been determined by the Bureau of Prisons, the 

appropriate State department of corrections, or another entity that is responsible for overseeing 

correctional facilitiesan initial two-year approval, is determined by the oversight entity to be 

operating in the best interest of students as described by § 668.241appropriate State department 

of corrections or other entity that is responsible for overseeing correctional facilities, or by the 

Federal Bureau of Prisons;

(d5) Ooffers transferability of credits to at least one institution of higher education (as defined in 

sections 34 CFR §§ 600.4 and 600.6) in the State in which the correctional facility is located, or, 

in the case of a Federal correctional facility, in the State in which most of the individuals 

confined or incarcerated in such facility will reside upon release, as determined by the institution 

based on information provided by the oversight entity;

(e6) iIs offered by an institution that has not been subject, during the five years preceding the 

date of the determination, to—

(i) any suspension, emergency action, or termination of programs under this title; 

(ii) any final accrediting action that is an adverse action as defined in 34 CFR § 602.3 by 

the institution’s accrediting agency or association; or 

(iii) any action by the State to revoke a license or other authority to operate;

(f7) iIs offered by an institution that is not subject to a current initiated adverse action—

(i) If an accrediting agency initiates an adverse action, the institution cannot begin its first 

or a subsequent prison education program unless and until the initiated adverse action has 

been rescinded; and

(ii) If the institution currently offers one or more prison education programs and is 

subject to an initiated adverse action the institution must submit a teach-out plan, as 

defined under 34 CFR § 600.2, to the institution's accrediting agency. 

(g8) sSatisfies any applicable educational requirements for professional licensure or certification, 

including licensure or certification examinations needed to practice or find employment in the 

sectors or occupations for which the program prepares the individual, in the State in which the 

correctional facility is located or, in the case of a Federal correctional facility, in the State in 

which most of the individuals confined or incarcerated in such facility will reside upon release, 

Commented [A38]: 11/8: Dr. McTier- it’s important to 

spell out who exactly is at the table; oversight entity is too 

vague

Commented [A39]: 10/20, Stan: with guidance from a 

stakeholder advisory group (the same stakeholders 

mentioned below)

Commented [A40]: For subcommittee members: This 

language has simply been moved up and restructured 

slightly to clarify the application of the oversight entity's 

determination.

Commented [A41]: 11/8: Kim- take into consideration 

the institution’s highest credential offering for time frame; 

three years for two-year institutions, four year for four year 

institutions, etc.

Commented [A42]: 10/19, Dr. McTier, Stan: add will 

work collaboratively or in partnership with other key 

stakeholders (e.g., higher education institutions, 

accrediting agencies, board of regents, higher education in 

prison programs, formerly incarcerated individuals and/or 

groups that represent them)

Commented [A43]: 10/20 Kim - add language that 

postsecondary institutions should decide where most 

individuals will reside upon release

Commented [A44]: 10/20: Belinda - cross reference 

602.3
11

as determined by the institution not less than annually based on information provided by the 

oversight entity; and 

(h9) Ddoes not offer education that is designed to lead to licensure or employment for a specific 

job or occupation in the State if such job or occupation typically involves prohibitions on the 

licensure or employment of formerly incarcerated individuals in the State in which the 

correctional facility is located, or, in the case of a Federal correctional facility, in the State in 

which most of the individuals confined or incarcerated in such facility will reside upon release, 

as determined by the institution not less than annually based on information provided by the 

oversight entity. 

Commented [A45]: 10/20 Kim - add language that 

postsecondary institutions should decide where most 

individuals will reside upon release

Commented [A46]: 11/10: 3 thumbs down for the 

comments below-Stan, Dr.McTier, Kim

Commented [A47]: 10/20: Terrell - add language that the 

student can acknowledge prohibition to licensure and 

employment and still enroll in the program after counseling, 

11/10: +1-Dr. Paccione, +1 Stan , +1 Marisa

Kim - also consider that this recommendation could impact 

job placement rates

Commented [A48]: 11/9: Stan- recommends removing 

paragraph 1 and 2...supports Belinda’s language below

Commented [A49R48]: Stan- prefers to keep the 

language open

Commented [A50R48]: 11/10: Marisa- enough barriers 

for incarcerated individuals leaving correctional facility

+1 Dr. McTier

Commented [A51]: 11/10: Kim- language that 

encourages institutions to go outside their comfort zone

+1 Stan- perhaps create a DCL

Commented [A52]: 10/20 Kim - add language that 

postsecondary institutions should decide where most 

individuals will reside upon release
12

(1i) In the case of state and local correctional facilities, the postsecondary 

institution does not enroll any student in a prison education program that any 

Federal law or State law in which the correctional facility is located, bans, bars, or 

prohibits licensure or employment based on any criminal conviction or specific 

types of criminal convictions, for that specific prison education program; or 

(2ii) In the case of a Federal correctional facility, the postsecondary institution 

does not enroll any student in a prison education program that any Federal law or 

State law in which more than half of the individuals confined or incarcerated in 

such facility will reside upon release bans, bars, or prohibits licensure or 

employment based on any criminal conviction or specific types of criminal 

convictions., for that specific program; and

Formatted: Highlight

Commented [A53]: Kim - remove (1) and (2) could allow 

bad actors to provide programs to student. But keeping it 

does not allow for flexibility

Formatted: Highlight

Commented [A54]: RECOMMENDATION: a) In the case 

where a person who is currently incarcerated is planning to 

return to a state (post-release) where there are no licensure 

restrictions, the student, working with the educational 

partner, should not be restricted from taking classes in that 

discipline. (The previous recommendation about students 

having programming and/or licensure information at least 5 

business days before the institution's "drop-add" period 

would be highly beneficial here.) b) Educational institutions 

wishing to offer a program that currently has typical 

prohibition licensures or employment in their state are 

encouraged to work with employers and other community 

stakeholders to remove those prohibitions. c) Educational 

institutions are encouraged to work with state employment 

offices and state education offices to keep track of rapidly 

changing licensure laws statewide and nationally.
13

34 CFR § 668.237 Accreditation Requirements

(10a) A prison education program that is not consistent withmust meet the requirements of the 

institution's accrediting agency or State approval agencyis not an eligible program as provided 

under § 668.8. 

(b) In order for any prison education program to qualify as an eligible program, the accrediting 

agency must have -

(1i) Evaluated at least the first prison education program at the first two additional 

locations to ensure the institution's ability to offer and implement the program based on 

the agency's accreditation standards, and included it in the institution's grant of

accreditation or pre-accreditation; 

(2) Evaluated the first additional prison education program offered by a new method of 

delivery to ensure the institution's ability to offer and implement the program based on 

the agency's standards, and included it in the institution's grant of accreditation or preaccreditation;

(ii3) Performed a site visit as soon as practicable but no later than one year after initiating 

the prison education program at the first two additional locations; and

(iii4) Reviewed and approved the methodology for how the Bureau of Prisons, State 

Departments of Correction or other entity that is responsible for overseeing correctional 

facilities oversight entity made the determination under § 668.241(a)(5-7) (E-G) to ensure 

that the prison education program meets the same standards as the same or substantially 

similar programs that are not prison education programs at the institution.

(c) A prison education program that does not meet the requirements of the institution's 

accrediting agency or State approval agency is not an eligible program under § 668.236.

34 CFR § 668.238 Application Requirements

(11)(a)(i) An institution that wishes seeks to offer a prison education program must apply to the 

Secretary to have its first prison education program at the first two additional locations 

determined to be eligible programs for title IV, HEA program purposes. Following the 

Secretary's initial approval of a prison education program, additional prison education programs 

at the same location may be determined to be eligible without further approvals from the 

Secretary except as required by 34 CFR §§ 600.7, 600.10, 600.20(c)(1), or 600.21(a), as 

applicable, if such programs are consistent with the institution's accreditation or its State 

approval agency. 

(bii) The institution's prison education program application must provide information 

satisfactory to the Secretary that includes -

(1A) A description of the educational program, including the educational credential 

offered (degree level or certificate) and the field of study; 

(2B) Documentation from the institution's accrediting agency or State approval agency 

indicating that the agency has evaluated the institution's offering of prison education 

program(s) and has included the program(s) in the institution's grant of accreditation and 

approval documentation from the accrediting agency or State approval agency;

Commented [A55]: 11/9 No thumbs down for this 

section.

Commented [A56]: 10/20: Belinda - add language 

programs that changes mode of instruction must be 

reviewed for example 1st two programs at 1st 2 additional 

locations are in person at a correctional facility and the 3rd 

program at an additional location is a distance or 

correspondence program. ED and accreditor should review 

due to change in mode of instruction.

Commented [A57]: 2 thumbs down: Stan and Belindaaddress comments
14

(3C) The name of the correctional facility and documentation from the Bureau of Prisons, 

State Department of Corrections or other entity that is responsible for overseeing 

correctional facilitiesoversight entity that the prison education program has been 

approved to operate in the correctional facility; 

(4D) Documentation detailing the methodology including: thresholds, benchmarks, 

standards, metrics, data, or other information the Bureau of Prisons, State Departments of 

Corrections or other entityoversight entity used to in making the determination that the 

program is in the best interest of students for all indictors under § 668.241 (o)(3)(I) of 

this part and how all the information was collected; 

(5E) Information of about the types of services offered to admitted students including: 

orientation, tutoring and academic and reentry counseling. If reentry counseling is 

provided by a community-based organization that has partnered with the eligible prison 

education program, institution, or correctional facility to provide reentry services, then

information about the types of services that the community-based organization offersis 

offered; 

(6F) Affirmative acknowledgement that the Secretary can withdraw limit or terminate

approval of an institution to provide a prison education program as described in § 

668.237; paragraph (o)(12); and

(7G) Affirmative agreement to submit the report to the Secretary as described in § 

668.239paragraph (o)(11); 

(8) Documentation that the institution has entered into an agreement with the oversight 

entity to obtain data about transfer and release dates of incarcerated individuals, which 

will be reported to the Department of Education; and

(98) Such other information as the Secretary deems necessary.

Commented [A58]: The same or substantially similar 

academic and career advising services to students who are 

not incarcerated must be offered to students who are 

currently confined or incarcerated. If an educational 

institution needs additional resources for students, in 

advance of reentry and upon release, the institution is 

strongly encouraged to create a partnership with their 

applicable corrections agency and community partner/s to 

provide comprehensive programming to this student body. 

(i.e., through documented collaborations the educational 

institution would not be responsible for support in areas 

they may not have existing expertise. That, of course, 

should not prevent them from expanding their own 

programming in the future; but at least in the short term 

students are 100% covered.)

Commented [A59]: ED updated this language for 

grammatical reasons discussed yesterday.

Commented [A60]: 10/20: Dr. McTier, consider adding 

language the clarifies the postsecondary institution is not 

required to provide this if there are already 

stakeholders/experts collaborating with the PEP to provide 

reentry services 

Stan: reentry counseling should be included

Commented [A61R60]: 11/9: Stan- needs to be 

encouraging language for PEPs to include reentry counseling 

within two years

Commented [A62R60]: Stan- supports Belinda’s 

language above, but suggests a require time limit

Commented [A63]: 11/9 - Terrell fix grammatical errors

Formatted: Font: Bold, Highlight

Formatted: Highlight

Formatted: Highlight
15

(ciii) For the second or subsequent eligible prison education program at a location, to fulfill 

requirements under § 600.21, an institution submits:

(1A) Documentation from the institution's accrediting agency noting that the institution 

complies with § 668.236(f) paragraph (o)(7)and has not hadwas not subject to any final 

accrediting action that is an adverse action by the institution’s accrediting agency or 

association in the last five years; and

(2B) Documentation from the institution noting that the institution was not subject to any 

action by the State to revoke a license or other authority to operate in the last five years.; 

and

(3) Documentation that the institution has entered into an agreement with the oversight 

entity to obtain data about transfer and release dates of incarcerated individuals, which 

will be reported to the Department of Education;

34 CFR § 668.239 Reporting Requirements

(a) (12) REPORT.—An institution must submit reports, in accordance with deadlines dates

established and published by the Secretary in the Federal Register.

(b) The institution, reports suchand information as the Secretary requires, in compliance and 

shall comply with procedures the Secretary describesfinds necessary to ensure that the reports 

are correct.

(c) The institution reports information about transfer and release dates of incarcerated 

individuals, as required by the Secretary, through an agreement with the oversight entity.

34 CFR § 668.240 Limit or Termination of Approval

(a(13) The Secretary limits or terminateswithdraws approval of an institution to provide an 

eligible prison education program if the Secretary determines that the institution violated any 

terms of this subpart section or that the information that the institution submitted as a basis for 

approval to the Secretary, accrediting agency, state agency, State agency, or oversight

Department of Corrections or the Bureau of Prisons, or other entity that is responsible for 

overseeing correctional facilities process was materially inaccurate. 

(b) If the Secretary initiates a limitations or terminatesion action of an institution's approval to 

operate an eligible prison education program, the institution must submit a teach-out plan and, if 

practicable, a teach-out agreement(s) (as defined in § 600.2) to its accrediting agency upon 

occurrence of the event.

Commented [A64]: No thumbs down

Commented [A65]: 11/9 - Steve Finely -add "initiates a 

limitation or termination"

Commented [A66]: This language was updated to refer to 

“initiating a limitation or termination action,” per ED’s Steve 

Finley yesterday.

Commented [A67]: 10/20 Belinda - , potentially adding 

language regarding teach out and/or wind down when the 

secretary withdraws approval
16

34 CFR § 668.241 Best Interest Determination

(iia) An oversight entity’s determination that a prison education program is operating in the best 

interest of students must include an assessment, with engagement from relevant stakeholders

who must include, among others, incarcerated students, organizations representing incarcerated 

individuals, and accrediting agencies, of all of the following—

Commented [A68]: 11/10: 4 thumbs down: Stan, Dr. 

McTier, Belinda, Kim

Commented [A69]: For subcommittee members: We 

continue to invite research and input about these metrics

to ensure a "floor" that ensures a program is operating in 

the best interests of students. Where research exists 

about the typical outcomes of prison education programs, 

or appropriate levels of quality, we would appreciate 

submissions of that information from subcommittee 

members, particularly as it relates to the metrics we 

propose to allow DOCs to define with stakeholder input.

Commented [A70]: 11/9 - Belinda - "MAY" "MUST."

Commented [A71R70]: +1 Stan, Dr. McTier- revert back 

to “may”

Commented [A72R70]: 11/10: Stan- the law gives the 

subcommittee the option to include the following or not

+1 Kim, Dr.McTier
17

(A1) rates of confined or incarcerated individuals continuing their education postrelease;whether the rate of confined or incarcerated individuals continuing their education 

post-release, as determined by the percentage of students who reenroll in higher 

education reported by the Department of Education, meets thresholds established by the 

oversight entity with input from relevant stakeholders, which must include, among others, 

incarcerated students, organizations representing incarcerated individuals, and accrediting 

agencies;

Commented [A73]: For subcommittee members: We hope 

to remove the burden of calculating this element from 

institutions and instead calculate it within the Education 

Department and provide it back to institutions and oversight 

entities. The Department proposes to allow oversight entities, 

in consultation with incarcerated individuals and their 

advocates and accrediting agencies, to determine what an 

appropriate reenrollment level is to ensure the program 

meets the best interests of students.

Commented [A74]: 11/9 Belinda RECOMMENDATION: 

Can the percentage of students include racial/ethnic, 

gender, and disability data for enrollments, completions, 

and outcomes to ensure equity and inclusion in prison 

education programming and post-release programming?

Commented [A75]: For subcommittee members: The 

Department is currently exploring the feasibility of 

ensuring that ED calculate these data. One challenge 

would be the need for additional reporting of data on Pell 

Grant recipients who are later released from a facility. 

We invite feedback from the subcommittee on this.

Commented [A76]: For discussion: Is this still needed, 

now that we’ve added it to the stem of this section?
18

(B2) job placement rates for such individuals; whether job placement rates in the relevant 

field for such individuals meet any applicable standards required by the accrediting 

agency of the institution or program or a State in which the institution is authorized. If no 

job placement rate standard applies to prison education programs offered by the 

institution, the oversight entity must define, and the institution must report, a job 

placement rate, with input from relevant stakeholders, which must include, among others, 

incarcerated students, organizations representing incarcerated individuals, and accrediting 

agencies;

Commented [A77]: For subcommittee members: We 

recognize that job placement rates are particularly hard 

to calculate, and the Department does not have good data 

on the field of study of graduates. Thus, we propose to 

instead rely on the definition set by accrediting agencies 

and/states, if applicable; state DOCs may find an 

institution to be operating in the best interests of 

students if the institution meets those accreditor/state 

standards. If no accreditor or state JPR exists, the 

oversight entity may wish to establish a job placement 

rate requirement, in consultation with incarcerated 

individuals and their advocates and accrediting agencies.

Commented [A78]: 11/9 - (RECOMMENDATION: Overall 

job placement rates and job placement rates for “indemand” careers should also be recorded to provide 

stronger benchmarks for programming

Commented [A79R78]: Belinda- career that matches 

their educational credentials
19

(C3) earnings for such individuals; whether the earnings for such individuals, or the 

median earnings for graduates of the same or similar programs at the institution, as 

measured by the Department of Education, exceed those of a typical high school graduate 

in the state;

(D4) rates of recidivism for such individuals; whether the rates of recidivism, which do 

not include any recidivism by the student within a reasonable number of years of release 

and which only include new felony convictions as defined by United States Sentencing 

Guideline § 4A1.1(a) as “each sentence of imprisonment exceeding one year and one 

month,” meet thresholds set by the oversight entity with input from relevant stakeholders, 

which must include incarcerated students, organizations representing incarcerated 

students, and accrediting agencies;

Commented [A80]: For subcommittee members: The 

Department does have the ability to calculate earnings 

of program graduates. For instance, the College 

Scorecard (collegescorecard.ed.gov) reports data on 

program earnings by field of study and credential level. 

Similarly, the Department has historically calculated and 

published via the Scorecard the percentage of program 

graduates who earned above the typical earnings of a 

high school graduate (aged 25-34) to measure how 

consistently the education pays off for students.

We propose to provide these earnings data back to 

institutions and oversight entities to inform 

their determination of whether the program is 

operating in the best interests of students. Rather than 

only relying on the measure as it pertains to prison 

education program, institutions may provide metrics on 

similar programs at the institution to demonstrate their 

ability to provide a program in the best interest of 

students.

Commented [A81]: For subcommittee members: We 

recognize that recidivism rates are particularly hard to 

calculate, and the Department does not have good data 

on the field of study of graduates. Thus, we propose to 

instead allow the oversight entity to establish a 

recidivism rate requirement, in consultation with 

incarcerated individuals and their advocates and

accrediting agencies. We also explicitly disallow certain 

types of students from being included in that calculation 

to ensure that institutions are not unfairly judged by a 

poorly designed recidivism rate.

Commented [A82]: 11/10: Kim- “may” for recidivism, 

must for the other indicators

Commented [A83R82]: +Belinda- cut recidivism or have 

as “may”

Commented [A84]: 10/20: Stan/Belinda - do not 

consider recidivism rates within 3, 5, or 7 years and only 

include those with a new felony conviction.

Commented [A85R84]: 11/9: Belinda- recommends to 

not take into account this rate; suggests “may” language
20

(E5) whether the experience, credentials, and rates of turnover or departure of instructors 

for a prison education program is the same or are substantially similar to the experience, 

credentials, and rates of turnover or departure of instructors for the non-prison education 

eligible programs offered by the institution other programs at the institution, accounting 

for the unique geographic and other constraints of prison education programs;

Commented [A86]: For subcommittee members: We 

invite feedback on whet her the adjustments for 

geographic and other constraints of PEPs that we 

propose in (5) through (7) are appropriate, and whether 

the "other constraints" should be further explained.

Commented [A87]: For subcommittee members: We 

believe that the faculty credentials/experience and 

turnover rates of instructors are important measures of 

educational quality to ensure that incarcerated 

individuals have a comparable experience to on-campus 

students. However, we propose to require that the 

oversight entity account for the unique constraints 

present in prison education programs to ensure that 

institutions are not unfairly judged.

Commented [A88]: 11/9 - Belinda I appreciate ED's 

latitude here, but I wonder if the new language is 

maintaining the standard most accreditation agencies 

expect: RECOMMENDATION: Although some flexibility 

regarding instructor turnover might be necessary as a prison 

education program begins, the instructor’s teaching 

experience and credentials must remain the same or 

substantially similar as instructors for non-prison education 

eligible programs offered by the institution, as required by 

accreditors.

Commented [A89]: 11/10: Dr. McTier: “may” allows for 

flexibility; doesn’t want to include the first four points
21

(F6) whether the transferability of credits for courses available to confined or 

incarcerated individuals and the applicability of such credits toward related degree or 

certificate programs is the same or substantially similar to the transferability of credits for 

non-prison education eligible programs offered by the institution those at other similar

programs at the institution, accounting for the unique geographic and other constraints of 

prison education programs; 

Commented [A90]: For subcommittee members: We 

believe that credit transfer is an important measure of 

equitable educational experiences, and a critical 

protection to ensure that students are able to continue 

their educational experiences after being released. 

However, we propose to require that the oversight entity 

account for the unique constraints present in prison 

education programs to ensure that institutions are not 

unfairly judged.

Commented [A91R90]: 11/9 - Belinda I appreciate ED's 

comments above. I wonder if we could also add more 

protections for students. For example, RECOMMENDATION: 

An institutional agreement includes language that students 

who wish to continue their studies post-release on the 

institution’s main campus will be able to do so with no 

barriers related to their former carceral status.

Commented [A96]: 

Commented [A92R90]: 11/10: Kim- instead of main 

campus, all locations to include virtual; “no barriers”- add 

protection to institutions

Commented [A93R90]: 11/10: Marisa- institution 

provides disclosure/screening guidelines/technology 

restrictions up front to DOC prior to the incarcerated 

individual starting the program

Commented [A94R90]: 11/10: Kim- disclosure to student

on transferability within the community

Commented [A95R90]: 11/10: Dr. McTier disagrees with 

the comments made above
22

(G7) whether the institution offers prison education program’s offering of relevant 

academic and career advising services to participating confined or incarcerated 

individuals while they are confined or incarcerated, in advance of reentry, and upon 

release, that is the same or is substantially similar to offerings to the services provided to 

students enrolled in non-prison education eligible programs offered by the institution a 

student who is not a confined or incarcerated individual and who is enrolled in, and may 

be preparing to transfer from, the same institution, accounting for the unique geographic 

and other constraints of prison education programs;

(8) Whether the institution ensures that all formerly incarcerated students are able to fully 

transfer their credits and continue their programs at any location of the institution that 

offers a comparable program, including by the same mode of instruction, barring 

exceptional circumstances surrounding the student’s conviction;

Commented [A97]: For subcommittee members: We 

believe that high-quality academic and career advising 

are important services that institutions must provide to 

their incarcerated students, comparable to their campusbased students. However, we propose to require that the 

oversight entity account for the unique constraints 

present in prison education programs to ensure that 

institutions are not unfairly judged.

Commented [A98]: 11/9 Belinda - I am concerned about 

the latitude being offered here by ED. RECOMMENDATION: 

The same or substantially similar academic and career 

advising services to students who are not incarcerated must 

be offered to students who are currently confined or 

incarcerated. If an educational institution needs additional 

resources for students, in advance of reentry and upon 

release, the institution is strongly encouraged to create a 

partnership with their applicable corrections agency and 

community partner/s to provide comprehensive 

programming to this student body. (i.e., through 

documented collaborations the educational institution 

would not be responsible for support in areas they may not 

have existing expertise. That, of course, should not prevent 

them from expanding their own programming in the future; 

but at least in the short term students are 100% covered.)

Formatted: Font: (Default) Times New Roman, 12 pt,

Highlight

Formatted: Font: (Default) Times New Roman, 12 pt

Commented [A99]: 11/10: Dr. McTier- strike this 

language

Commented [A100]: 11/10: Belinda-strike this language

Commented [A101R100]: +1 Dr. Paccione
23

(H98) the rates at which students complete their programs whether the rates of 

completion reported by the Department of Education, which does not include any 

students who were transferred across facilities and which accounts for the status of parttime students, meet thresholds set by the oversight entity with input from relevant 

stakeholders, which must include incarcerated students, organizations representing

incarcerated students, and accrediting agencies; and

(I910) if applicable, other indicators pertinent to program success, as determined by the 

Bureau of Prison, State Departments of corrections or other entity that is responsible for 

overseeing correctional facilities oversight entity.

Formatted: Font: 14 pt

Formatted: Highlight

Commented [A102]: For subcommittee members: The 

Department is currently exploring the feasibility of 

ensuring that ED calculate these data. One challenge 

would be the need for additional reporting of data on Pell 

Grant recipients who are later released from a facility. 

We invite feedback from the subcommittee on this.

Commented [A103]: 11/9 - Belinda RECOMMENDATION: 

This seems a little too general, but I understand the 

Department’s need to provide some flexibility. Could we, 

however, offer some language that provides protections to 

program administrators? E.g., “if applicable,” and with 

advance notification of at least six months to all parties 

involved, “other indicators...”
24

(b) After the two years of initial approval under § 668.236, the institution must be determined by 

the oversight entity to be operating in the best interest of students, as defined in paragraph (a).

(c) Subsequent Evaluations

(1) After its initial determination that a program is operating in the best interest of 

students under paragraph (b) of this section, the institution must obtain subsequent final

evaluations of each eligible prison education program from the responsible oversight 

entity not less than

(i1) Two years following the initial determination; and

(ii2) 1290 calendar days prior to the expiration of each of the institution’s Program 

Participation Agreements, except that the oversight entity may make a determination 

between subsequent evaluations based on the oversight entity’s regular monitoring and 

evaluation of program outcomes.

(2) Each subsequent evaluation must—d

(i) Include the entire period following the prior determination and be based on the 

factors described under paragraph (o)(3)(ii) (a) of this section for all students 

enrolled in the program since the prior determination; and

(ii) Be submitted to the Secretary no later than 30 days following completion of 

the evaluation.

(d) Records

(1) The institution must obtain and maintain documentation of the methodology by which 

the Bureau of Prison, State Department of Corrections, or another entity that is 

responsible for overseeing correctional facilities oversight entity made each 

determination under paragraphs (2) and (3)(ii) paragraph (a) of this section and § 

668.236(b) for review by the institution’s accrediting agency, submission of the 

application to the Department for the approval of the first program at the first 

two additional locations, reporting to the Department, and for public disclosure.

(2) The institution must maintain the documentation described in (1) for as long as the 

program is active or, if the program is discontinued, for three years following the date of 

discontinuance.

34 CFR § 668.2412 Transition to Prison Education Program

(p) For institutions operating eligible prison education programs in a correctional facility that is 

not a Federal or State penal institution:

(a1) A confined or incarcerated student who otherwise meets the eligibility requirements to 

receive a Federal Pell Grant and is enrolled in an eligible program that does not meet the 

requirements under paragraph o of this subpartsection may continue to receive a Federal Pell 

Grant until the earlier of:

(1i) July 1, 2029;

(2ii) the student reaches the maximum timeframe for program completion as defined 

under 34 CFR § 668.34; or 

(3iii) the student has exhausted Pell Grant eligibility as defined under 34 CFR § 

690.6(e).Section 401(c)(5) of the HEA.

Commented [A104]: The Department has proposed to 

revise this language. It now allows for two years of initial 

approval; followed by a determination by the oversight 

entity; and a reevaluation just prior to the expiration of the 

school’s program participation agreement. This will better 

align the subsequent evaluations and give institutions more 

certainty about their prison education programs’ approval. 

The Department also added clarifying language to allow the 

oversight entity to make a determination between 

evaluations if they have concerns about the program based 

on interim monitoring of the program. While oversight 

entities would always have this ability, we feel the 

clarification will make the process clearer to institutions. 

This also addresses a possible concern about some 

institutions going as long as six years between 

reevaluations, should a consumer protection concern arise 

in between.

Commented [A105R104]: 11/10: Belinda- consider an 

appeals process if a BOP/DOC denies a PEP

Commented [A106]: 11/9 Belinda See earlier 

recommendation about highest credential offered by an 

institution + one year for data collection, etc

Commented [A107]: Check if needs to be updated to 

668.242

Commented [A108R107]: Note that this reference was 

updated by ED.

Commented [A109]: No thumbs down for this section
25

(b(2) An institution is not permitted to enroll a confined or incarcerated student on or after July 

1, 2023, whothat was not enrolled in an eligible program prior to July 1, 2023, unless the 

institution first converts the eligible program into an eligible prison education program as 

defined in § 668.236paragraph o of this section. 

*****

34 CFR § 690.62 Calculation of a Federal Pell Grant.

(a) The amount of a student's Pell Grant for an academic year is based upon the payment and 

disbursement schedules published by the Secretary for each award year.

(b) No payment may be made to a student if the student's annual award is less than $200. 

However, a student who is eligible for an annual award that is equal to or greater than $200, but 

less than or equal to $400, shall be awarded a Federal Pell Grant of $400.

(c)(1)(i) For a confined or incarcerated individual enrolled in an eligible prison education 

program, no Federal Pell Grant shall exceed the cost of attendance (as defined in section 472 of 

the HEA) at the institution at which that student is in attendance.

(ii) If an institution determines that the amount of a Federal Pell Grant for that 

student exceeds the cost of attendance for that year, the amount of the Federal Pell 

Grant shall be reduced until the Federal Pell Grant does not exceed the cost of 

attendance at such institution and does not result in a Title IV credit balance under 

34 CFR § 668.164(h).

(2)(i) If a confined or incarcerated student’s Pell Grant, combined with any other 

financial assistance, exceeds the student’s cost of attendance, the financial assistance 

other than the Pell Grant must be reduced by the amount that the total financial assistance 

exceeds the student’s cost of attendance.

(ii) If the student’s other financial assistance cannot be reduced, the student’s Pell 

Grant must be reduced by the amount that the student’s total financial assistance 

exceeds the student’s cost of attendance.

Commented [A110]: 11/8: Kim- suggests that LEU not 

impact incarcerated individuals until released

Commented [A111]: Kim - add Pell LEU counseling to 

entrance counseling

Clarify If an individual that declines Pell would still be 

counted in Eds metrics

Commented [A112]: No thumbs down for this section