Although it seems it should go without saying, prison education programs should operate in the best interest of students.
Institutions that offer a Prison Education Programs (PEP) are required to have an oversight entity review the program and submit a best interest determination to the Department of Education.
In an April 6 Electronic Announcement, the Department of Education outlined information required under 34 CFR 668.241. The FAFSA Simplification Act eliminated the ban on Federal Pell Grant eligibility for confined or incarcerated individuals if those individuals are enrolled in an eligible PEP. More institutions began offering PEPs with the expansion of Pell eligibility to those individuals.
An oversight entity, such as the state department of corrections, the Federal Bureau of Prisons, or another entity that is responsible for the oversight of a correctional facility, is required to determine that a PEP is operating in the best interest of the students, otherwise known as the best interest determination.
The comprehensive announcement covers the following topics:
- Oversight Entity Responsibilities
- Initial Best Interest Determination
- Subsequent Best Interest Determinations
- Best Interest Determination and FSA Partner Connect
- Failure of the Initial or Subsequent Best Interest Determination
Questions about the information in the announcement should be directed to pep@ed.gov. The knowledge Center also includes a PEP Topics Page that institutions may find helpful.
