Sec. 315.
667 words·~3 min read·
/bill/116/hr/7617/eh/section-315·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding section 401(b)(6) of the HEA, a Federal Pell Grant under section 401 of the HEA may be awarded to an incarcerated individual (or on behalf of such individual) for each academic year during which that individual is enrolled at an eligible institution that meets the criteria described in subsection (b). The criteria described in this subsection are as follows: The eligible institution— is an institution of higher education (as defined in section 101 of the HEA) or a postsecondary vocational institution (as defined in section 102(c) of the HEA); and during the preceding 5 years, has not been subject to the denial, withdrawal, suspension, or termination of accreditation.
Such 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. Such 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).
Such institution does not (directly or indirectly) charge an incarcerated individual for an award year, an amount that exceeds the total grant aid received by the individual for such award year. Such 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 (as defined in section 472 of the HEA); 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 used in sections 101(b)(1), 102(c)(1)(A), and 481(b)(1)(A)(i) of the HEA)— 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.
In this section: 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. This section shall be in effect until titles I, II, III, IV, and V of the HEA are reauthorized.