Can a Proprietary Institution Offer Prison Education Programs (PEPs)?
Award Year: 2023-24 KA-36428 Helpfulness Rating 53 page viewsThis guidance is specific to the 2023-24 award year and later.
No. Effective with the July 1, 2023 changes to Section 484 of the Higher Education Act of 1965 (HEA), as amended, [20 USC 1091t], proprietary institutions are excluded from offering prison education programs (PEPs). The Final Rules published in the October 28, 2022 Federal Register, further state that regulations effective July 1, 2023, require an eligible PEP to be offered by a public or private nonprofit institution of higher education as defined in 34 CFR 600.4, or a postsecondary vocational institution as defined in 600.6. See also Dear Colleague Letter GEN-23-05.
AskRegs Q&As represent NASFAA's understanding of regulatory and compliance issues. They are FOR INTERNAL USE ONLY. While NASFAA believes AskRegs Q&As are accurate and factual, they have not been reviewed or approved by the U.S. Department of Education (ED). If you should need written confirmation of AskRegs information for audit or program review purposes, please contact your ED School Participation Division. NASFAA shall not be liable for technical or editorial errors or omissions contained herein; nor for incidental or consequential damages resulting from the furnishing, performance, or use of this material.
Join NASFAA
Join NASFAA and receive full member access to the AskRegs Knowledgebase and question services.
Learn More