Sec. 4016. Federal Pell Grants on behalf of incarcerated individuals
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/bill/116/hr/4674/ih/section-4016·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as amended by this subpart, is further amended by adding at the end the following: An eligible institution may not award a Federal Pell Grant to an incarcerated individual or on behalf of such individual, unless the institution meets the following: The institution is approved to enroll incarcerated individuals by— the Secretary in accordance with paragraph (2); and an accrediting agency or association that meets the requirements of section 496(a)(4)(D).
The eligible institution— is an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)); and during the preceding 5 years, has not been subject to the denial, withdrawal, suspension, or termination of accreditation. The institution provides each incarcerated individual, upon completion of a course offered by the institution, with academic credits that are the equivalent to credits earned by non-incarcerated students for an equivalent course of study.
The institution provides to the Secretary confirmation from each facility involved that the course of study offered by the institution at such facility is accessible to incarcerated individuals (including such individuals who are individuals with disabilities). The institution does not enroll incarcerated individuals in a course of study offered primarily as a distance education program, except in a case in which the institution provides to the Secretary— confirmation that the distance education program offers levels of faculty interaction, peer engagement, and student support sufficient to enable incarcerated individuals to successfully participate in such a program; and evidence of the institution’s success in offering other distance education programs.
The institution develops and carries out a process to allow each incarcerated individual to access the transcripts and any other educational records of such individual held by the institution, without regard to the facility at which the individual is being held or whether the individual has been released from such a facility. The institution develops and carries out a process to allow each incarcerated individual an opportunity to provide feedback on courses that is comparable to the opportunity to provide such feedback that the institution offers to non-incarcerated students.
The institution does not directly charge an incarcerated individual— in the case of such an individual who is an individual with a disability, for any cost of the provision of reasonable accommodations for the individual to participate in a course of study offered by the institution; in the case of such an individual with an expected family contribution for an award year that would not disqualify the individual from receiving a Federal Pell Grant, for any amount of the cost of attendance not covered by the Federal Pell Grant or other Federal assistance received by the institution on behalf of the individual by ensuring that any such amount is offset— by a State or institutional grant; or other non-Federal financial assistance that does not have to be repaid by such individual; or in the case of such an individual with an expected family contribution for an award year that would disqualify the individual from receiving a Federal Pell Grant, an amount that exceeds such expected family contribution.
The institution makes available to incarcerated individuals who are considering enrolling in a course of study offered by the institution, in simple and understandable terms, the following: Information with respect to each course of study at the institution for which such an individual may receive a Federal Pell Grant, including— the cost of attendance; the mode of instruction (such as distance education, in-person instruction, or a combination of such modes); how enrollment in such course of study will impact the period of eligibility for Federal Pell Grants for such an individual, including in a case in which the individual is transferred to another facility or released before the completion of such course; the transferability of credits earned, and the acceptability of such credits toward a certificate or degree program offered by the institution; the process for continuing postsecondary education— upon transfer to another facility; or after the student’s period of incarceration or confinement; and the process for continuing enrollment at the institution after the student’s period of incarceration or confinement, including any barriers to admission (such as criminal history questions on applications for admission to such institution).
In the case of an institution that offers a program to prepare incarcerated individuals for gainful employment in a recognized occupation (as such term is defined in section 104)— information on any applicable State licensure and certification requirements, including the requirements of the State in which the facility involved is located and each State in which such individuals permanently reside; and restrictions related to the employment of formerly incarcerated individuals for each recognized occupation for which the course of study prepares students, including such restrictions— in Federal law; and in the laws of the State in which the facility involved is located and each State in which such individuals permanently reside.
The institution submits the information described in subparagraph
(I)to each facility involved, the Secretary, and the accrediting agency or association described in subparagraph (A)(ii). With respect to an eligible institution that seeks to award Federal Pell Grants to incarcerated individuals under this subsection, the Secretary shall make an initial determination about whether such institution meets the requirements of this subsection, which shall include a confirmation that the institution— has secured the approval required under paragraph (1)(A)(ii); and meets the requirements of paragraph (1)(B). Not later than 5 years after the Secretary makes an initial determination under subparagraph
(A)that an institution meets the requirements of this subsection, and not less than every 5 years thereafter, the Secretary shall determine whether such institution continues to meet the requirements of this subsection, based on— a review of the data collected under paragraph
(3)with respect to the courses of study offered by such institution in which incarcerated individuals are enrolled, and other applicable information that may be available to the Secretary; and whether such institution meets the requirements of paragraph (1). The Secretary shall, on at least an annual basis, collect data with respect to each course of study offered by each institution at which incarcerated individuals are enrolled, including— the demographics of such individuals; the share of such individuals receiving Federal Pell Grants; information on the academic outcomes of such individuals (such as credits attempted and earned, and credential and degree completion); to the extent practicable, information on post-release outcomes of such individuals (such as continued postsecondary enrollment, employment, and recidivism); and any data from student satisfaction surveys conducted by the institution or the facility involved regarding such course of study. Not later than 3 years after the date of enactment of the College Affordability Act , and at least once every 3 years thereafter, the Secretary shall collect and disseminate to institutions awarding Federal Pell Grants to incarcerated individuals under this subsection, best practices with respect to the postsecondary education of such individuals. In this subsection: The term facility means— a place used for the confinement of individuals convicted of a criminal offense that is owned by, or under contract to, the Bureau of Prisons, a State, or a unit of local government; or a facility to which an individual subject to involuntary civil confinement is committed. The term facility involved means, when used with respect to an institution of higher education, a facility at which a course of study of the institution is offered to incarcerated individuals. The term incarcerated individual means an individual who is incarcerated in a facility or who is subject to an involuntary civil commitment. The term non-incarcerated student means a student at an institution of higher education who is not an incarcerated individual. . Not later than 3 years after the date of enactment of this Act, the Secretary of Education shall submit to the authorizing committees and make publicly available on the website of the Department of Education, a report on the impacts of subsection
(n)of section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ), as added by this section, based on the most recent data collected under paragraph
(3)of such subsection (n).
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Sec. 4016
Federal Pell Grants on behalf of incarcerated individuals
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