Is a School Required To Determine If a Student Is Incarcerated?

It depends. An institution is not required to ask or investigate whether a student is incarcerated. However, under 34 CFR 668.16(b)(3) of the administrative capability regulations, if any institutional office or official knows of a student's incarceration, you must act on that information to ensure the student does not receive Title IV aid inappropriately. It would effectively constitute conflicting information which must be resolved before processing of Title IV aid could continue for the student.

Effective July 1, 2023, a confined or incarcerated individual is defined as someone 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. Refer to the regulations published in the October 28, 2022 Federal Register.

Incarcerated students are identified by an Incarcerated Applicant Flag indicator on the student’s Institutional Student Information Record (ISIR). The flag is set by:

• The address on the student’s FAFSA matching an address listed in the U.S. Department of Education’s (ED) Correctional Facility File;
• The student filing an Incarcerated Applicant FAFSA; or
• The financial aid administrator (FAA) setting the Incarcerated Applicant Flag using FAA Access.

If the student has been incorrectly flagged as incarcerated, the FAA may remove the Incarcerated Applicant Flag. The school will determine the documentation needed to confirm that the student is not incarcerated, which could include a written self-certification. See AskRegs Q&A, How Do We Resolve Comment Codes 405 And 406 When the Student May Have Been Incorrectly Identified As Incarcerated?

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.