The Northwest Commission on Colleges and Universities (NWCCU) recognizes the transformative potential of providing postsecondary educational opportunities for incarcerated students.
A number of NWCCU member institutions are offering such opportunities and in this guidance document, we have compiled important updates to the final regulations pertaining to Prison Education Programs (PEPs) published by the U.S. Department of Education (USDE).
The Free Application for Federal Student Aid (FAFSA) Simplification Act of 2020 reinstated Pell Grant eligibility for confined or incarcerated individuals enrolled in eligible PEPs, beginning July 1, 2023.
A PEP is defined as an eligible educational program approved by the process described below and offered by an educational institution as defined in 34 CFR 600.2 to students who are confined or incarcerated in correctional facilities. Students in carceral facilities must be enrolled in an approved PEP to receive Federal Pell Grants.
For educational institutions that are in the Second Chance Pell (SCP or revised SCP), additional information is provided in the Second Chance Pell Experimental Sites section below.
Educational institutions interested in establishing and implementing PEPs must follow these steps:
- Agreement with Oversight Entity: Institutions must first apply and be approved by the Oversight Entity – generally their State’s Department of Corrections (DOC), although it could also be a Federal entity – and obtain a Memorandum of Understanding or other written agreement. The PEP process also requires the institution and the Oversight Entity to set up formal data sharing agreements. NWCCU provides nonbinding feedback as a relevant stakeholder when invited by the Oversight Entities on the PEP application process.
- NWCCU Substantive Change Approval: This process is required regardless of the number of additional locations for which the institution is already approved, and even if the institution has been offering NWCCU approved academic programs at prison locations. NWCCU has updated its Substantive Change Policy and Manual to incorporate the process for PEPs. The first program at the first two PEP locations constitutes a Major Substantive Change, and the process for approval could take up to 6 months. Institutions must obtain NWCCU substantive change approval prior to implementing the following:
- New Location (REQUIRED): Must submit Major Substantive Change when offering a program at the first two prison locations.
- New Program or New Degree Level (if applicable): Offering programs at a new degree level or programs that constitute a significant departure (25% or more aggregate change) at any prison location. Must submit additional substantive change proposal as may be required by NWCCU Substantive Change Policy.
The Major Substantive Change proposal(s) to establish the first two PEP locations must include the following documentation:
- A fully completed substantive change form that includes details of the proposed educational program(s) to be offered at the PEP location, including courses, teaching modality, and learning outcomes.
- The institutional response to the relevant DOC’s Request for Information (RFI) or application.
- The approval document from the DOC, which may include a Memorandum of Understanding between the institution and DOC and related documents.
- The budget for the PEP.
- Any other institutional or State approvals for the proposed PEP.
Institutions must submit a separate request for each of their first two PEP Prison Locations. Institutions that have at least one PEP program approved at the first two prison locations need NWCCU approval for additional PEP locations via a Portal Notification Submission.
- Approval by USDE: Once approved by NWCCU, institutions must submit a Prison Education Program Application to the USDE. Institutions must include the documentation (Letter of Action) that confirms NWCCU has evaluated the PEP and has included the program in the institution’s scope of accreditation.
- Submit USDE Approval to NWCCU: Institutions must submit the USDE Eligibility Certification and Approval Report (E-CAR) to the Commission within 10 business days of receipt. NWCCU will then report the prison locations to the Database of Accredited Postsecondary Institutions and Programs (DAPIP)
- Implementation: The institution may then implement the program(s) at the approved facility(ies) and access Pell grants to support students who are confined or incarcerated while the Oversight Entity conducts the Best Interest Determination.
- NWCCU Site Visit: NWCCU shall conduct a site visit to the location(s) within one year of implementation.
- Best-Interest Determination by the Oversight Entity: The Oversight Entity will determine whether PEP programs are “operating in the best interest” of students in carceral facilities (34 CFR 668.241(a)). NWCCU will participate on the advisory committee upon invitation by the Oversight Entities. More guidance is anticipated from the USDE on this and subsequent steps.
Second Chance Pell Experimental Sites
In 2015, the USDE launched the Second Chance Pell Experimental Sites Initiative (SCP) inviting Institutions of Higher Education to apply to become SCP sites. In April 2023, a Federal Register notice invited SCP institutions to apply to participate in a new program under the Experimental Sites Initiative (ESI).
Eleven NWCCU institutions were approved as revised SCP (ESI) sites. The participating institutions must meet specific milestones by the end of each award year. These milestones parallel the first three steps described in the PEP process above.
Institutions that were SCP sites but did not apply or secure revised SCP (ESI) approval must start the PEP process similar to non-SCP institutions.
NWCCU Support
Institutions should contact their NWCCU Staff Liaison, Senior Vice President Gita Bangera (gbangera@nwccu.org) or Vice President Heather Bennett (hbennett@nwccu.org) with questions regarding PEP programs and additional locations.
Other Resources
USDE Federal Student Aid (FSA) Knowledge Center | Prison Education Programs
USDE PEP Questions and Answers
USDE 34CFR Subpart P Prison Education Programs
USDE PEP Email: pep@ed.gov