(GENERAL-24-118) Revised Instructions for Applying for Prison Education Programs

Author
Federal Student Aid
Electronic Announcement ID
GENERAL-24-118
Subject
Revised Instructions for Applying for Prison Education Programs

This Electronic Announcement provides updated general guidance to schools interested in applying to operate an eligible Prison Education Program (PEP). It also explains the process for submitting PEPs on the U.S. Department of Education’s (the Department) electronic Application to Participate in the Federal Student Financial Aid Programs (E-App). This information replaces the guidance provided in Electronic Announcement GENERAL-23-52.

Please note that updating the E-App and providing all supporting documentation following the instructions in this announcement is the only requirement to apply for PEP eligibility. A separate PEP Application is no longer required.

The Department provided an overview of the requirements for an eligible PEP in Dear Colleague Letter GEN-23-05. A Title IV eligible PEP must be offered by an eligible public or private nonprofit institution. Private for-profit (proprietary) institutions cannot offer a Title IV eligible PEP.

Eligible schools must use the E-App to report or request approval of a PEP.

General Guidance

An eligible PEP is a program of study, such as a bachelor’s degree or another recognized postsecondary credential, that meets the Department’s requirements to be a Title IV eligible program and meets the Department’s requirements to be offered to confined or incarcerated individuals and offered by an institution that has been approved to operate in a correctional facility by the appropriate State department of corrections or other entity responsible for overseeing correctional facilities or by the Bureau of Prisons. Additionally, an eligible PEP is determined to be operating in the best interest of students, offers transferability of credits to at least one institution of higher education, and satisfies any applicable educational requirements for professional licensure or certification. A school that seeks to offer an eligible PEP must report the PEP by submitting an E-App with all of the required supporting documents, and any relevant optional supporting documents.

The first time a school offers an eligible PEP at a correctional facility (federal, state, or local penitentiary, prison, jail, reformatory, work farm, juvenile justice facility, or other similar correctional institution), the school must also report the correctional facility as an additional location. In some cases, the school must wait for approval of the location before beginning the eligible PEP. All locations where a PEP is offered must be reported to the Department within 10 days of establishment.

Important Information about the PEP Application Process

The following information applies to all institutions applying for PEP approval consideration:

  • Before applying for a PEP, ensure that your program is consistent with your school’s accreditation and any applicable state approval agency requirements, that you have been granted authorization to offer your program at the correctional facility, and that you have reached an agreement with an appropriate oversight entity. The oversight entity is defined in 34 CFR 668.235 as the appropriate State department of corrections or other entity that is responsible for overseeing correctional facilities, or the Federal Bureau of Prisons.

  • Both the oversight entity and the school must complete and sign a PEP Assurances Certification for each PEP reported. The PEP Assurances Certification is available on the Prison Education Program topics page on the Knowledge Center.

  • Report the correctional facility at which the eligible PEP will be offered as an additional location in the Locations section of the E-App. Enter the facility’s official name after the pre-populated institution name. This requirement applies for correctional facilities even if the students receive instruction primarily through distance education or correspondence courses at that location.

  • Report each eligible PEP in the Educational Programs Section of the E-App, providing the details for the prison education program. Under the appropriate educational credential, provide the title of the program which must include “Prison Education Program.” For example, if the program is “Business Administration,” you would enter “Business Administration - Prison Education Program” in this format. Provide the details of the program as required by the E-App. The E-App will ask for the Classification of Instructional Programs (CIP) code related to the program of study, as well as at least one Standard Occupational Classification (SOC) code for the occupation for which the program prepares students. The E-App will also ask for program length details. Note: An institution must report PEP program(s) leading to degrees even if it is not normally required to seek approval of degree programs.

  • If applying for, or reporting, more than one PEP, you may report them all on one E-App submission.

  • The school must submit a valid state license or other state authorization covering the new program(s) and location(s).

In addition to the above materials, the school must submit the following as attachments to the E-App:

  • The required accrediting agency approval documentation, labeled as Attachment 1 – Accrediting Agency Approval Documentation.

    If applying for approval of the first PEP at the first two additional locations: accrediting agency approval must include the current letter of accreditation and any attachments. In addition, the accrediting agency approval document must include the name of the program, including the words “prison education” in the title of the program, and that the program and additional location at the correctional facility are specifically included within the institution’s grant of accreditation as required by 34 CFR § 668.237(b)(1).

    If reporting a subsequent PEP beyond the first PEP at the first two additional locations, offered by a new method of delivery: accrediting agency approval must include the current letter of accreditation and any attachments. In addition, the accrediting agency approval document must include the name of the program, including the words “prison education” in the title of the program, and that the program and additional location at the correctional facility are specifically included within the institution’s grant of accreditation as required by 34 CFR § 668.237(b)(2).

    If reporting a subsequent PEP beyond the first PEP at the first two additional locations, not offered by a new method of delivery: accrediting agency approval documentation must provide the name of the program(s), including the words “prison education” in the title of the program(s), approval of the correctional facility where the program is offered as an additional location and confirmation that the program meets the requirements of the accrediting agency. As accrediting agencies may have different requirements for inclusion within an institution’s grant of accreditation for subsequent PEPs, the Department does not require the same documentation for subsequent programs as are required for the first PEP.

  • The required oversight entity approval documentation, labeled as Attachment 2 – Initial Oversight Entity Approval to Offer Program and Plan to Prepare for Best Interest of Students Documentation. Include relevant documentation relating to the oversight entity’s initial approval of the PEP and the planned assessment of required items under 34 CFR §§ 668.241(a)(1). Describe how the oversight entity initially approved the PEP including the methodology (thresholds, benchmarks, standards, metrics, data, etc.) and how the oversight entity collected and used the information required by 34 CFR § 668.238(b)(4) to approve the PEP. Within two years of initial approval the oversight entity will be required to conduct a best interest determination which includes an assessment of the required items under 34 CFR §§ 668.241(a)(1) and optional assessment of items under 34 CFR §§ 668.241(a)(2). Provide no more than a paragraph about how the oversight entity plans to assess each of the required items under 34 CFR §§ 668.241(a)(1). Note that this is not the actual assessment, just the steps that the oversight entity plans to take to be ready to evaluate the required items in two years.

  • The required PEP Assurances Certifications, labeled as Attachment 3 – PEP Assurances Certification. There must be a separate certification for each PEP, and each certification must be fully completed and signed as indicated on the form. Each certification must be uploaded separately.

  • The required oversight entity agreement on transfer and release data, labeled as Attachment 4 – Signed Agreement to Provide Transfer and Release Data. Include a finalized signed copy of the agreement which includes (1) the length of the agreement and expiration date, (2) the frequency with which the institution will receive transfer and release data, (3), as applicable, into which State the most individuals will be released if a federal facility and, (4) as applicable, steps to be taken to protect the data in compliance with federal, State, and local laws.

The school must also include other information as follows:

  • Provide, in the comments section of the E-App or as Attachment 5 – Admission Policy, an explanation of the admission policy of the proposed program, including any restrictions regarding admission of students such as those based on Pell eligibility, any requirements by the oversight entity, programs leading 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 (34 CFR § 668.236(a)(8)), or transfer of credits to another institution (34 CFR § 668.236(a)(4)).

  • Provide, in the comments section of the E-App or as Attachment 6 – Articulation Agreement, an explanation of the plans established regarding the transferability of credits to other institutions. Please indicate whether the institution has articulation agreements with one or more institutions, and list all the institutions with which the institution has an articulation agreement. If your institution has a written articulation agreement, please include each agreement as an attachment.

  • Provide, in the comments section of the E-App or as Attachment 7– Educational Program Description, any relevant information or documentation (please limit to two pages or less) that would provide additional details about the educational program offered.

  • Provide, in the comments section of the E-App or as Attachment 8– Employment Information, any relevant information or documentation (please limit to two pages or less) that would provide additional details about employment opportunities available to graduates of the program.

  • If another institution of higher education or other entity will provide any portion of the PEP, after answering the relevant questions on the E-App, provide, as Attachment 9 – Partner Entity Written Arrangements, a copy of the agreement.

  • Provide, in the comments section of the E-App or as Attachment 10– Services offered to admitted students, an explanation of support services provided to admitted students including, but not limited to, orientation, tutoring and academic and reentry counseling. If reentry counseling is provided by a community-based organization (CBO) then an attachment must be provided which includes a one- page document that contains the name of the CBO, background information on the CBO, and information about the types of services that the CBO offers (as required by 34 CFR § 668.238(b)(5)).

Once the PEP and supporting documentation has been submitted via the E-App, please send an email to PEP@ed.gov with “PEP application” and the name of the school and correctional facility in the subject line so our PEP staff can begin tracking your application (please do not include any attachments when sending the notification email to the PEP mailbox).

If your institution is experiencing problems accessing Partner Connect

Several  institutions have reported challenges with gaining access to Partner Connect  that prevents them from accessing the E-App. If your institution is  experiencing difficulties with the Partner Connect system, please contact FSA  Partner Connect Customer Support by completing a Contact Customer  Support form in the Help Center. You may also reach them by calling  1-800-848-0978.

Submitting the E-App with the required information and attachments is the required way to request PEP approval. However, in limited circumstances where an institution that cannot access the E-App has supporting documentation ready to submit, the Department offers an alternative method for reporting the PEP. This alternative can only be used after the institution has reached out to FSA Partner Connect Customer Support to resolve its access issues and is still unable to access the E-App through Partner Connect. In this limited circumstance, the institution may report the PEP by following these steps:

  1. Access the Document Center in COD

  2. Upload all supporting documentation for each PEP via the Document Center

  3. Email your SPD and copy the PEP mailbox (PEP@ed.gov). Your email must include the following information: Name of your institution; OPE ID of your institution; details of the locations and programs; and the date your institution submitted the supporting documents via the COD Document Center

Once submitted, the Department will begin reviewing the documentation. Although the institution will need to add the PEP and additional location on the E-App when it gains access to the system, this temporary process allows the Department to begin reviewing the documentation.

Additional Resources

Contact Information

If you have questions about the PEP program approval process using the E-App, contact the School Participation Division that represents the state in which your school is located. If you have questions about eligible PEPs, please send an email to PEP@ed.gov.