How Is "Confined Or Incarcerated Individual" Defined For a Prison Education Program (PEP)?

Effective July 1, 2023, Section 484(t)(1)(A) of the Higher Education Act of 1965 (HEA), as amended, [20 USC 1091(t)(1)(A)], provides the following definition for a confined or incarcerated individual:

“The term ‘confined or incarcerated individual’

1. Means an individual who is serving a criminal sentence in a Federal, State, or local penal institution, prison, jail, reformatory, work farm, or other similar correctional institution; and
2. Does not include an individual who is in a halfway house or home detention or is sentenced to serve only weekends.”

The U.S. Department of Education (ED) released regulations effective July 1, 2023, as published in the October 28, 2022 Federal Register, which further define a confined or incarcerated individual as:

“An individual 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 is not considered incarcerated if that 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.” (See 34 CFR 600.2)

ED also noted that it plans “to release guidance as necessary to assist postsecondary institutions with questions that may arise regarding student eligibility.”

See also GEN-23-05 and ED's Prison Education Program Questions and Answers website.