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The Department of Education's mission is to promote student achievement and preparation for global 

competitiveness by fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION 

OFFICE OF POSTSECONDARY EDUCATION

PEP Amendatory Language Distributed for Session 2 

November 2021 

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, 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.

* * * * *

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;

* * * * *

(c) Special provisions regarding incarcerated students -

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(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 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) 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.

(5) 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 

668.8(o) 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

(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; or 

(B) is enrolled in an eligible prison education program as defined in 34 CFR § 668.8(o)236.

* * * * * 

34 CFR § 668.43 Institutional information.

* * * * * 

(6) An institution that offers an eligible prison education program, as defined in 34 CFR §668.8(o)

668.236, must:

(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—

(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.

(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. 

* * * * *

34 CFR 668 Subpart P – Prison Education Programs

34 CFR § 668.234 Scope and Purpose 

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Commented [A1]: 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.
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.

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.

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;

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Commented [A2]: For subcommittee members: This 

language has simply been moved up and restructured slightly to 

clarify the application of the oversight entity's determination.
 

(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, 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. 

(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

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 -

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(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 preaccreditation; 

(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 pre-accreditation;

(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;

(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 

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community-based organization that has partnered with the eligible prison education program, 

institution, or correctional facility to provide reentry services, information about the types of 

services that the community-based organization offers; 

(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); and

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

 

(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.

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.

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 limits or terminates 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.

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 of all of the following—

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

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Commented [A3]: 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 [A4]: 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 [A5]: 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.
from relevant stakeholders, which must include, among others, incarcerated students, 

organizations representing incarcerated individuals, and accrediting agencies;

(B2) job placement rates for such individuals; whether job placement rates 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;

(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;

(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;

(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 [A6]: 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 [A7]: 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 [A8]: 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 [A9]: For subcommittee members: We invite 

feedback on whether 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 [A10]: 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 [A11]: 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.
(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;

(H8) 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 part-time 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

(I9) 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.

(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

(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.

(2) Each subsequent evaluation must—

(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.

Commented [A12]: 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 campus-based 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 [A13]: 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.

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34 CFR § 668.241 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.

 

(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.