Must Credits Earned In a Prison Education Program Be Transferable To Other Institutions?

Award Year: 2023-24 KA-36473 Helpfulness Rating 57 page views

This guidance is specific to the 2023-24 award year and later.

Yes. Effective with the 2023-24 award year, changes to Section 484(t) of the Higher Education Act of 1965 (HEA), as amended, [20 USC 1091(t)(1)(B)(iv)], require that a prison education program (PEP) must offer "transferability of credits to at least 1 institution of higher education (as defined in section 1001 or 1002(a)(1)(B) of this title) in the State in which the correctional facility is located, or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside upon release." 

34 CFR 668.236(a)(4) states:

" (a) An eligible prison education program means an education or training program that—

(4) Offers transferability of credits to at least one institution of higher education (as defined in 34 CFR 600.4 and 600.6) in the State where the correctional facility is located, or, in the case of a Federal correctional facility, in the State where most of the individuals confined or incarcerated individuals in such facility will reside upon release as determined by the institution based on information provided by the oversight entity"

In the October 28, 2022 Federal Register, the U.S. Department of Education (ED) "strongly encourages institutions to ensure that credits earned by students in PEPs are transferable to more than one other eligible institution thus providing students enrolled in such programs with as many options as possible for continuing their education following release from incarceration."

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

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