Are Incarcerated Students Eligible For FWS Or FSEOG?

Guidance under "Incarcerated students and sex offenders” in Volume 1, Chapter 6 of the FSA Handbook states that such students may be potentially eligible to receive Federal Supplemental Educational Opportunity Grant (FSEOG) or Federal Work-Study (FWS) funds. NASFAA interprets this language as meaning incarcerated students are technically eligible for FSEOG or FWS funds, but practically it would be difficult for those students to actually receive FSEOG or to work an FWS job due to the rules governing FWS.

Guidance found on StudentAid.gov states that if the student is in a federal or state facility, the student can receive FSEOG and FWS, but probably won’t because:

• Schools are limited in the amount of FSEOG funds available; and
• The logistical difficulties of performing an FWS job while incarcerated would likely be too great for you to be awarded FWS funds.

The following guidelines from the FSA Handbook, Volume 6, Chapter 2, are some of the issues a school must normally consider when developing an off-campus FWS position: 

• If a student is employed off campus by a federal, state, or local public agency or by a private nonprofit organization, providing jobs related to the student’s academic or vocational goals is encouraged but not required.
• Work performed off campus must be in the public interest. Work in the public interest is defined as work performed for the welfare of the nation or community rather than work performed for a particular interest or group.
• In deciding whether work is in the public interest, schools must consider the nature of the work as well as that of the organization. For example, a private nonprofit civic club may employ a student if the student’s work is for the club’s community drive to aid handicapped children. If the student’s work is confined to the internal interests of the club, such as a campaign for membership, the work would benefit a particular group and would not be in the public interest. As another example, a student may work for a private nonprofit membership organization, such as a golf club or swimming pool, if the general public may use the organization’s facilities on the same basis as its members. If only members may use the facilities, FWS employment is not in the public interest.
• The school is also responsible for ensuring that each student’s work is properly supervised. School officials should periodically visit each off-campus organization with which they have an off-campus agreement to determine whether students are doing appropriate work and whether the terms of the agreement are being fulfilled.

With Federal Pell Grant restoration coming in 2023, this may be an area the U.S. Department of Education (ED) focuses on at some point--that is, providing schools with more guidance on how incarcerated students might be able to access FWS funds.

P&P Builder: NASFAA’s Policies & Procedures (P&P) Builder guides you step-by-step through the creation of a centralized, accessible policies and procedures manual. This is included in the cost of NASFAA Value Plus membership. There is an additional cost for other membership levels.