34 CFR 600.7

(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;

* * * * *

(c) Special provisions regarding incarcerated students -

(1) 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 34 CFR 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 34 CFR 668.8(o); or

(B) The institution is not administratively capable under 34 CFR 668.16 or financially responsible under 

34 CFR Subpart L. 

Commented [BW1]: ED's Response - Section 102 of the 

Higher Education Act states the following:

The subcommittee can identify the potential rapid growth 

of prison education programs as an area where additional 

oversight or safeguards might be warranted to ensure that 

an institution is meeting the needs of its incarcerated 

students. Suggestions for providing effective oversight or 

something like the “scaffolding approach” described above 

are welcome.

Commented [BW2R1]: (RECOMMENDATION: up to a 

maximum of 49% of an institution’s “traditional” student 

body for an initial probationary period of 5 years. If an 

institution shows clear evidence to ED, their accreditation 

agency, and corrections that they are continuing to serve 

students' best interests they can apply for an expansion of 

their waiver to a maximum of 75% of an institution's 

"traditional" student body. That expansion would also be 

probationary and would have to show evidence that 

students' best interests are being served. At this time, it 

does not appear warranted that an educational institution 

should go above the 49%-75% (non-traditional) student 

population. 

Commented [BW3R1]: ^^ Personally, I could see value in 

stopping expansion at the 49% cap, but I see potential value 

in providing some scaffolding for institutions who may want 

to expand fairly and equitably in this space.
(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 may waives 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 fouryear or two-year educational programs for which it awards a bachelor's degree, an associate degree, or 

a postsecondary diploma, the Secretary may waives the prohibition contained in paragraph (a)(1)(iii) of 

this section)

Commented [BW4]: See ED's response above.

Commented [BW5R4]: (RECOMMENDATION: “...of this 

section for the entire institution” up to a maximum of 49% 

of an institution’s “traditional” student body for an initial 

probationary period of 5 years. If an institution shows clear 

evidence to ED, their accreditation agency, and corrections 

that they are continuing to serve students' best interests 

they can apply for an expansion of their waiver to a 

maximum of 75% of an institution's "traditional" student 

body. That expansion would also be probationary and would 

have to show evidence that students' best interests are 

being served. At this time, it does not appear warranted 

that an educational institution should go above the 49%-

75% (non-traditional) student population. 

Commented [BW6R4]: ^^ Personally, I could see value in 

stopping expansion at the 49% cap, but I see potential value 

in providing some scaffolding for institutions who may want 

to expand fairly and equitably in this space.

Commented [BW7]: See ED's response above.

Commented [BW8R7]: ((RECOMMENDATION: up to a 

maximum of 49% of an institution’s “traditional” student 

body for an initial probationary period of 5 years. If an 

institution shows clear evidence to ED, their accreditation 

agency, and corrections that they are continuing to serve 

students' best interests they can apply for an expansion of 

their waiver to a maximum of 75% of an institution's 

"traditional" student body. That expansion would also be 

probationary and would have to show evidence that 

students' best interests are being served. At this time, it 

does not appear warranted that an educational institution 

should go above the 49%-75% (non-traditional) student 

population. 

Commented [BW9R7]: ^^ Personally, I could see value in 

stopping expansion at the 49% cap, but I see potential value 

in providing some scaffolding for institutions who may want 

to expand fairly and equitably in this space.