Is a Registered Sex Offender Eligible For Title IV Aid?

Award Year: 2023-24 KA-36485 Helpfulness Rating 285 page views

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

Yes. Section 401(b)(6) of the Higher Education Act of 1965, as amended, [20 USC 1070a] previously prohibited Pell Grant eligibility for any student who" is incarcerated in any Federal or State penal institution or who is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program).” The FAFSA Simplification Act has removed this restriction, effective with the 2023-24 award year.

Keep in mind that incarcerated students are not eligible for Direct Loans and are only eligible for the Pell Grant if they are enrolled in an eligible prison education program (PEP). However, once a student is no longer incarcerated, he or she may regain eligibility for Title IV aid without these limitations. Involuntary civil commitment is excluded from the definition of confined or incarcerated individuals, published in the October 28, 2022 Federal Register.

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

Student Aid Reference Desk: For additional information, try the Student Aid Reference Desk. It is a central hub of all the important financial aid resources you need with direct links to legislation, regulation, Dear Colleague Letters, and other ED and NASFAA references. It is updated on a rolling basis with the latest news and changes. Search Student Eligibility.

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.