Pell Reinstatement for Prison Education Programs
Originally published in the May 2023 issue of The Leaflet.
The FAFSA Simplification Act passed by Congress in December 2020 reinstated Pell Grant eligibility for students incarcerated in federal or state correctional facilities and enrolled in prison education programs that meet certain federal requirements. These students become eligible for Pell Grants as of July 1, 2023.
Among other requirements, prison education programs (PEPs) that meet the best interest of the students as determined by the relevant institution and the entity providing oversight for the applicable correctional facility, must be approved by an institution’s accreditor in certain contexts. HLC is working to align its policies and procedures with the requirements that have been released by the U.S. Department of Education to date.
Prison Education Program Requirements
The USDE’s Dear Colleague Letter from March 29, 2023, “Eligibility of Confined or Incarcerated Individuals to Receive Pell Grants,” describes the requirements for PEPs that institutions must meet in order for their students in these programs to receive Pell Grants. Institutions interested in offering PEPs should closely review the Dear Colleague Letter to ensure their planned programs meet federal expectations.
Regarding accreditor approval of PEPs, the Dear Colleague Letter states that an accreditor must:
- “Evaluate and approve at least the first PEP at the institution’s first two prison locations to ensure the institution is able to offer and implement the program in accordance with the agency’s accreditation standards and include it in the institution’s grant of accreditation or pre-accreditation.
- Evaluate the first additional PEP 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 include it in the institution's grant of accreditation or pre-accreditation.
- Perform a site visit as soon as practicable but no later than one year after the institution begins to offer the PEP at the first two additional locations.
- After two years, the institution’s accrediting agency will review and approve the methodology for how the institution, in collaboration with the oversight entity, made the determination that the PEP meets the same standards as substantially similar programs that are not PEPs at the institution.”
In addition to the requirements specified in the Dear Colleague letter, the USDE has shared additional guidance (dated May 3, 2023) for accreditors. HLC’s Board of Trustees will consider policies on first reading related to PEPs at its June 22-23 Board meeting and as customary, member institutions will have an opportunity to provide comment on any proposed policies changes, if approved. Regarding the third bullet point above about conducting a site visit after an institution beings to offer a PEP, HLC will consider conducting this site visit within six months, to align with current policies and procedures related to additional locations.
Resources for Preparing for Pell Reinstatement
In 2022, HLC partnered with the Vera Institute to release a guidebook on postsecondary education in prison programs and accreditation. The identical document appears as a white paper on HLC’s website.
The Vera Institute has many other resources for institutions interested in starting PEPs:
Institutions should also review information about PEPs provided by Federal Student Aid.
Questions?
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