Prison Education Programs 

Subcommittee

Report-Out to Session Two 

Negotiated Rulemaking Committee

Affordability and Student Loans

November 1, 2021
Overview of the Law

• To be eligible for Pell Grants, prison education programs must:

• Be offered by an eligible public, nonprofit, or vocational institution 

• Be approved to operate in a correctional facility

• Be determined by the state department of corrections or federal Bureau of Prisons to be 

operating in the best interest of students

• Offer transferability of credits

• Be offered by an institution not subject to a loss of Title IV, adverse accreditor action, or 

revocation of state authorization in the past five years

• If applicable, meet licensure/certification requirements in the state where most students will 

reside after release

• If applicable, not offer programs designed to lead to licensure if the occupation typically 

prohibits licensure/employment of formerly incarcerated individuals in that state

• Statute also includes a variety of reporting requirements for institutions and the 

Department and a requirement for an IES evaluation

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Subcommittee Schedule

• November 8-10, 2021: Subcommittee Meeting

• December 6-10: Report-Out to Full Committee and Full Committee 

Vote

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General Areas of Agreement

• Definition of “additional location” to include prison facilities (34 CFR 600.2)

• Clarification of policy for allowing institutional waivers from statutory 

prohibition on enrolling more than 25% of students as incarcerated (34 CFR 

600.7)

• Definition of a “prison education program” (34 CFR 668.8) components:

• Technical changes to reflect statutory requirements. 668.8(n) and (o)(1)

• Periodic reevaluations of PEP approval to operate 668.8(o)(3)(iv)

• Credit transfer requirements 668.8(o)(5)

• Disapproval for institutions subject to an initiated adverse action 668.8(o)(7)

• Reporting requirements 668.8(o)(12)

• Wind-down of eligible programs already operating in correctional facilities (34 

CFR 668.8(p))

• Treatment of credit balances for incarcerated students (34 CFR 690.62)

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Continued Areas of Work

• Definition of “confined or incarcerated individual” (34 CFR 600.2)

• ED approval of first eligible prison education program at first two additional 

locations (34 CFR 600.10)

• Particular language for reporting of additional locations (34 CFR 600.21)

• Definition of a “prison education program” (34 CFR 668.8) components:

• Opportunities to include key stakeholders in DOC/BOP reviews (throughout)

• Definition of programs “operating in the best interests of students” (668.8(o)(3))

• Particular language for institutions that have experienced adverse actions in the previous five 

years (668.8(o)(6))

• Particular language for satisfying licensure/certification requirements (668.8(o)(8))

• Requirements for not offering education that requires licensure if the occupation typically 

prohibits licensure/employment of formerly incarcerated individuals (668.8(o)(9))

• Particular language for accreditor review of PEPs (668.8(o)(10))

• Application requirements to ED for approval of first PEP at first two additional locations 

(668.8(o)(11)

• Student protections in event of ED withdrawal of approval of a PEP (668.8(o)(13))

• Particular language for technical changes to Pell definition (668.32)

• Disclosure requirements to incarcerated individuals (668.43)

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Questions?

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