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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 -

(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 

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Commented [A1]: Defaulting to Marissa and Anne on 

this.

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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.

Commented [A2]: Waiver draft language sent to 

subcommittee 11-8.

Re-stated here:

(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. 

Additional note: ^^ 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. 
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* * * * *

(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.

* * * * *
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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 

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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 

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;

Commented [A3]: 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.

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(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, 

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, 

Commented [A4]: It is important to have an appeals 

process in place (not unlike the accreditation appeals 

process, perhaps) for educational institutions that may be 

considered "ineligible" by an oversight entity. For example, 

"if an institution is not approved to operate in a correctional 

facility by State [...]" an appeals process needs to be 

available for due process. <-- It is strongly encouraged that 

the "due process" include "an Advisory Committee" of 

diverse stakeholders who are experts in their respective 

fields.

Commented [A5]: For subcommittee members: This 

language has simply been moved up and restructured 

slightly to clarify the application of the oversight entity's 

determination.

Commented [A6]: RECOMMENDATION: After an initial 

approval (comparable to the highest academic credential 

being offered by the eligible institution e.g., 2 years for a 

certificate, 3 years for an associate's degree, 5 years for a 

bachelor's degree, [i.e. credential + 1 year for data 

purposes.]) <-- Kim and others please weigh-in on this 

recommendation.

Commented [A7]: Is there language we can include here 

that is inclusive for individual students? Say, for example, a 

student with a felony conviction wants to be a barber, but 

the current state they are imprisoned does not allow 

him/her/them to seek that credential. There are, however, 

5 other states would allow the student to obtain a barber's 

license... Can there be an opportunity for that student to 

take barber classes knowing that it is in that student's "best 

interests" to seek licensure in one of those 5 states postincarceration?

Commented [A8R7]: Additional language provided by ED 

via email re: clarification point 4: For Federal facilities, the 

prohibition is tied to the state where most of the 

incarcerated individuals will reside upon release. This is a 

determination the institution must make when deciding 

whether a program can be offered at a particular location, 

and it is a determination that the Department would 

evaluate. Within that framework, the subcommittee could 

consider whether recommendations should be made about 

how an institution would make those determinations of 

what a “typical” prohibition on the licensure or employment 

might be. The subcommittee may also have 

recommendations on programs ensure they are keeping 

track of rapidly changing laws in this space. 

Commented [A9R7]: 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 

...

Commented [A10]: As above.
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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 -

(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 

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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 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.

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(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 

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;

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Commented [A12]: 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 [A13]: "MAY" "MUST."

Commented [A14]: 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 [A15]: 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 [A16]: 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.
10

(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;

Commented [A17]: 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 [A18]: (RECOMMENDATION: Overall job 

placement rates and job placement rates for “in-demand” 

careers should also be recorded to provide stronger 

benchmarks for programming.

Commented [A19]: 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 [A20]: 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.
11

(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 [A21]: 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 [A22]: 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 [A23]: 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.

Formatted: Highlight

Commented [A24]: 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 [A25R24]: 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. 
12

(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

Commented [A26]: 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 [A27]: 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.)

Commented [A28]: 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 [A29]: 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...”

Commented [A30]: See earlier recommendation about 

highest credential offered by an institution + one year for 

data collection, etc.
13

(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.

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.

Formatted: Font: Not Italic
14

(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.