Are Schools With Approved Prison Education Programs Subject To the 25 Percent Limit Of Regular Enrolled Students Who Are Incarcerate?

Yes. Schools risk losing eligibility for Title IV funds if more than 25 percent of the school's regular enrolled students were confined or incarcerated individuals. However, schools may be eligible for a waiver of this requirement.  

According to PEP-Q6/A6 on the U.S. Department of Education's (ED's) Prison Education Programs Questions and Answers website:

"Under 34 CFR 600.7(c) schools apply for the waiver of this requirement through their regional School Participation Division if the school provides four-year or two-year educational programs for which it awards a bachelor's degree, an associate degree, or a postsecondary diploma and has continuously provided an eligible PEP approved by the Department under subpart P of 34 CFR part 668 for at least two years. Please note this waiver is not automatic upon approval of a PEP. If the Department grants a waiver, we will increase the limit up to 50 percent for five years, after which we will increase it up to 75 percent unless we limit or terminate the waiver.

We granted a waiver to some schools to exceed 25 percent enrollment of confined or incarcerated individuals prior to July 1, 2023. Schools that received a waiver prior to the implementation date of these regulations were permitted to enroll up to 100 percent of confined or incarcerated individuals. Although such schools are not required to re-apply for a waiver under the new provisions, the Department will limit the growth of incarcerated enrollment at those schools to ensure consistent program quality and adequate oversight. Beginning on the implementation date of July 1, 2023, we will limit the enrollment of incarcerated individuals in any such school to 50 percent in the first five years after the regulations take effect. We will raise the cap to 75 percent if we grant an additional waiver after the initial five-year period (requests for waivers will be reviewed and approved by the Department on a case-by-case basis)."

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