80 FR 45964 - Notice Inviting Postsecondary Educational Institutions To Participate in Experiments Under the Experimental Sites Initiative; Federal Student Financial Assistance Programs Under Title IV of the Higher Education Act of 1965, as Amended

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 148 (August 3, 2015)

Page Range		45964-45966
FR Document		2015-18994

The Secretary invites postsecondary educational institutions (institutions) that participate in the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (the HEA), to apply to participate in a new institution- based experiment under the Experimental Sites Initiative (ESI). Under the ESI, the Secretary has authority to grant waivers from certain title IV HEA statutory or regulatory requirements to allow a limited number of institutions to participate in experiments to test alternative methods for administering the title IV HEA programs. The alternative methods of title IV HEA administration that the Secretary is permitting under the ESI are designed to facilitate efforts by institutions to test certain innovative practices aimed at improving student outcomes and the delivery of services. Under this experiment, participating institutions will provide Federal Pell Grant funding to otherwise eligible students who are incarcerated in Federal or State penal institutions. Details of the experiment are provided below in the ``The Experiment'' section of this notice.

Federal Register, Volume 80 Issue 148 (Monday, August 3, 2015)

[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 45964-45966]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-18994]

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DEPARTMENT OF EDUCATION

Notice Inviting Postsecondary Educational Institutions To
Participate in Experiments Under the Experimental Sites Initiative;
Federal Student Financial Assistance Programs Under Title IV of the
Higher Education Act of 1965, as Amended

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Secretary invites postsecondary educational institutions
(institutions) that participate in the student financial assistance
programs authorized under title IV of the Higher Education Act of 1965,
as amended (the HEA), to apply to participate in a new institution-
based experiment under the Experimental Sites Initiative (ESI). Under
the ESI, the Secretary has authority to grant waivers from certain
title IV HEA statutory or regulatory requirements to allow a limited
number of institutions to participate in experiments to test
alternative methods for administering the title IV HEA programs. The
alternative methods of title IV HEA administration that the Secretary
is permitting under the ESI are designed to facilitate efforts by
institutions to test certain innovative practices aimed at improving
student outcomes and the delivery of services.
Under this experiment, participating institutions will provide
Federal Pell Grant funding to otherwise eligible students who are
incarcerated in Federal or State penal institutions. Details of the
experiment are provided below in the ``The Experiment'' section of this
notice.

DATES: Letters of application to participate in the proposed experiment
described in this notice must be received by the Department of
Education (the Department) no later than October 2, 2015 in order for
an institution to receive priority to be considered for participation
in the experiment. Institutions submitting letters that are received
after October 2, 2015 may still, at the discretion of the Secretary, be
considered for participation.

ADDRESSES: Letters of application must be submitted by electronic mail
to the following email address: experimentalsites@ed.gov. For formats
and other required information, see ``Instructions for Submitting
Letters of Application'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Warren Farr, U.S. Department of
Education, Federal Student Aid, 830 First Street NE., Washington, DC
20002. Telephone: (202) 377-4380 or by email at: Warren.Farr@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Instructions for Submitting Letters of Application

Letters of application should take the form of an Adobe Portable
Document Format (PDF) attachment to an email message sent to the email
address provided in the ADDRESSES section of this notice. The subject
line of the email should read ``ESI 2015--Pell for Students who are
Incarcerated.'' The text of the email should include the name and
address of the institution. The letter of application should be on
institutional letterhead and be signed by the institution's financial
aid administrator. The letter of application must include the
institution's official name and the Department's Office of
Postsecondary Education Identification (OPEID), as well as the name of
a contact person at the institution, a mailing address, email address,
FAX number, and telephone number. Please include in the letter a
listing of the academic programs that the institution is considering
for inclusion in this experiment and, for each of those programs, an
estimate of the number of participating students. We understand that
institutions' academic program listings and the actual number of
students who participate may vary from the information submitted in the
letter.

Background

Section 401(b)(6) of the HEA provides that students who are
incarcerated in a Federal or State penal institution are not eligible
to receive Federal Pell Grant funds. This prohibition is included in
the Department's regulations at 34 CFR 668.32(c)(2)(ii).
The experiment outlined below will allow participating institutions
to provide Federal Pell Grant funding to otherwise eligible students
who are incarcerated in Federal or State penal institutions and who are
eligible for release into the community, particularly those who are
likely to be released within five years of enrollment in the program.
The prison population is significantly less educated than the
general population. For nearly half of all incarcerated individuals in
Federal or State facilities, a high school diploma or General
Educational Development (GED) certificate is their highest level of
education. Only 11 percent of incarcerated individuals in State
correctional facilities and 24 percent of individuals incarcerated in
Federal prisons have completed at least some postsecondary
education.\1\ In addition, educational offerings at Federal and State
penal institutions are limited in that they generally focus on adult
basic education and secondary education that

[[Page 45965]]

aim to improve foundational reading, writing, numeracy, and English
language skills. Surveys of Federal and State prisons have found that
only about 40 percent offer postsecondary education programs.\2\ Given
the statutory prohibition on incarcerated students accessing Federal
student aid, roughly 1,574,700 persons in Federal or State penal
institutions in 2013 were unable to be considered for higher education
courses financed through the Pell Grant Program.\3\
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\1\ Caroline Wolf Harlow. ``Education and Correctional
Populations.'' U.S. Department of Justice, Office of Justice
Programs. January 2003. Accessed on June 12, 2015 at: www.bjs.gov/content/pub/pdf/ecp.pdf.
\2\ Wendy Erisman and Jeanne Bayer Contardo. ``Learning to
Reduce Recidivism: A 50-state Analysis of Postsecondary Correctional
Education Policy.'' Institute for Higher Education Policy. November
2005. Accessed on June 12, 2015 at: www.ihep.org/sites/default/files/uploads/docs/pubs/learningreducerecidivism.pdf.
\3\ Lauren E. Glaze and Danielle Kaeble. ``Correctional
Populations in the United States, 2013.'' U.S. Department of
Justice, Bureau of Justice Statistics. December 2014. Accessed on
May 1, 2015 at: www.bjs.gov/content/pub/pdf/cpus13.pdf.
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While fewer than half of all prisons offer postsecondary education,
research suggests that postsecondary education and training for
incarcerated individuals is correlated with several positive post-
release outcomes, including increased educational attainment levels,
reduced recidivism rates, and improved post-release employment
opportunities and earnings.\4\ According to the Department of Justice,
postsecondary correctional education is a promising and cost-effective
practice that supports the successful reentry of justice-involved
individuals.\5\ Providing greater postsecondary education and training
opportunities to incarcerated individuals, particularly the
approximately 630,000 individuals expected to be released from Federal
and State prisons each year,\6\ some of whom will be eligible to
receive Pell grants, may help to facilitate their successful transition
back into society. Consistent with the President's ``My Brother's
Keeper Task Force'' recommendations to enforce the rights of
incarcerated youth to a quality education and eliminate unnecessary
barriers to reentry, on December, 8, 2014, the Department of Education
and the Department of Justice jointly released a Correctional Education
Guidance Package.\7\ The guidance package included a Dear Colleague
Letter on Access to Pell Grants for Students in Juvenile Justice
Facilities (DCL GEN-14-21) from the Department of Education clarifying
that students who are confined or incarcerated in locations that are
not penal institutions, such as juvenile justice facilities and local
or county jails, and who otherwise meet applicable eligibility
criteria, are eligible for Federal Pell Grants.\8\ The experiment,
which is described in more detail in the ``The Experiment'' section of
this notice, is intended to test whether participation in high-quality
educational opportunities increases after access to financial aid for
incarcerated adults is expanded.
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\4\ Lois M. David, Robert Bozick, Jennifer L. Steele, Jessica
Saunders and Jeremy N. V. Miles. ``Evaluating the Effectiveness of
Correctional Education: A Meta-Analysis of Programs That Provide
Education to Incarcerated Adults.'' RAND Corporation. 2013. Accessed
on June 12, 2015 at: www.rand.org/pubs/research_reports/RR266.
\5\ ``Practice Profile: Postsecondary Correctional Education.''
National Institute of Justice. Accessed on May 1, 2015 at:
www.crimesolutions.gov/PracticeDetails.aspx?ID=23.
\6\ ``Prisoners in 2013.'' U.S. Department of Justice, Bureau of
Justice Statistics. September 2014. Accessed on June 12, 2015 at:
www.bjs.gov/content/pub/pdf/p13.pdf.
\7\ Department of Education. Correctional Education in Juvenile
Justice Facilities. Available at: www2.ed.gov/policy/gen/guid/correctional-education/index.html.
\8\ Department of Education. Federal Pell Grant Eligibility for
Students Confined or Incarcerated in Locations That Are Not Federal
or State Penal Institutions. Dear Colleague Letter GEN-14-21.
Available at: http://ifap.ed.gov/dpcletters/GEN1421.html.
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This notice is in response to a notice that was published in the
Federal Register on December 6, 2013 (78 FR 73518), through which the
Secretary solicited suggestions from postsecondary institutions for new
experiments under the ESI. In response, the Department received
submissions from a diverse range of institutions and other interested
parties. The experiment included in this notice was informed by
suggestions submitted that were related to the title IV HEA eligibility
of incarcerated students.

Reporting and Evaluation

The Department is interested in obtaining information that will
allow for an evaluation of the experiment. Institutions that are
selected for participation in the experiment will be required to
provide the Department information about the participating students,
which may include identifying information for students who submit a
Free Application for Federal Student Aid (FAFSA) for enrollment in one
of the programs included in the experiment offered by the participating
postsecondary educational institution.
In addition, participating institutions will be required to submit
an annual report about the experiment, its implementation, and its
results. Through this survey, institutions will provide the Department
information on (1) courses and programs offered, (2) numbers and types
of degrees and certificates awarded, (3) partnerships with the
correctional facilities, (4) challenges in providing programs and
courses in the prison settings, (5) how these challenges were
addressed, and (6) other relevant data.
In addition to complying with these reporting and evaluation
requirements, participating institutions will be required to
participate, if requested, in an outcome evaluation of the experiment.
The specific evaluation and reporting requirements will be
finalized prior to the start of each experiment.

Application and Selection

From the institutions that submit letters of interest, the
Secretary will select a limited number of institutions to participate
in the experiment, carefully considering institutional diversity by,
among other characteristics, institutional type and control, geographic
location, enrollment size, and title IV HEA participation levels.
When determining which institutions will be selected for
participation in this experiment, the Secretary will consider evidence
that demonstrates a strong record on student outcomes and in the
administration of the title IV HEA programs, such as evidence of
programmatic compliance, cohort default rates, financial responsibility
ratios, completion rates, and, for for-profit institutions, ``90/10''
funding levels.
Before institutions are selected for this experiment, the Secretary
will consult with the institutions on the final experimental design
through webinars or other outreach activities.
Institutions selected for participation in the experiment will have
their Program Participation Agreements (PPAs) with the Secretary
amended to reflect the specific statutory or regulatory provisions that
the Secretary waives or modifies for the experiment. The amended PPA
will document the agreement between the Secretary and the institution
for the administration of the experiment.

The Experiment

Background

Section 401(b)(6) of the HEA provides that students who are
incarcerated in a Federal or State penal institution are not eligible
to receive Federal Pell Grant funds. This restriction prevents many
otherwise eligible incarcerated individuals from accessing financial
aid and benefiting from postsecondary education and training.
In accordance with the waiver authority granted to the Secretary
under section 487A(b) of the HEA, this experiment will examine how
waiving

[[Page 45966]]

the restriction on providing Pell Grants to individuals incarcerated in
Federal or State penal institutions influences participation in
education opportunities as well as academic and life outcomes. The
experiment will also examine whether the waiver creates any challenges
or obstacles to an institution's administration of the title IV HEA
programs.

Description

This experiment will provide a waiver of the statutory provision
that a student who is incarcerated in a Federal or State penal
institution may not receive a Pell Grant. The experiment will allow
some otherwise eligible students who are incarcerated in Federal or
State penal institutions to receive a Pell Grant to help cover some of
the costs of their participation in a postsecondary education and
training program developed and offered by the participating
postsecondary educational institution. This experiment only waives
specific requirements of the title IV HEA programs. Additional
restrictions or requirements associated with postsecondary study
imposed by postsecondary institutions or correctional institutions may
still apply. Students' eligibility to receive Federal Pell Grants aid
under this experiment would remain subject to those requirements.
The education and training programs offered by the postsecondary
institution must meet all title IV HEA program eligibility
requirements. While the program must be credit-bearing and result in a
certificate or degree, up to one full year of remedial coursework is
allowed for students in need of academic support.
The experiment will require that participating institutions:
Partner with one or more Federal or State correctional
facilities to offer one or more title IV HEA eligible academic programs
to incarcerated students;
Work with the partnering correctional facilities to
encourage interested students to submit a FAFSA;
Only disburse Pell Grant funding to otherwise eligible
students who will eventually be eligible for release from the
correctional facility, while giving priority to those who are likely to
be released within five years of enrollment in the educational program;
Only enroll students in postsecondary education and
training programs that prepare them for high-demand occupations from
which they are not legally barred from entering due to restrictions on
formerly incarcerated individuals obtaining any necessary licenses or
certifications for those occupations;
Disclose to interested students and to the Department
information about any portions of a program of study that, by design,
cannot be completed while students are incarcerated, as well as the
options available for incarcerated students to complete any remaining
program requirements post-release;
As appropriate, offer students the opportunity to continue
their enrollment in the academic program if the student is released
from prison prior to program completion; and
Inform students of the academic and financial options
available if they are not able to complete the academic program while
incarcerated. This includes whether the students can continue in the
program after release, transfer credits earned in the program to
another program offered by the institution, or transfer credits earned
in the program to another postsecondary institution.
Participating institutions, in partnership with Federal or State
correctional facilities, will also submit their plans for providing
academic and career guidance, as well as transition services to their
incarcerated students to support successful reentry.
The Pell Grant funds made available to eligible students through
this experiment are intended to supplement, not supplant, existing
investments in postsecondary prison-based education programs by either
the postsecondary institution, the correctional facility, or outside
sources.

Waivers

Institutions selected for this experiment will be exempt from, or
will be granted waivers from, section401(b)(6) of the HEA; and 34 CFR
668.32(c)(2)(ii), which provides that students who are incarcerated in
any Federal or State penal institution are not eligible to receive Pell
Grant funding.
The waiver described in this notice does not apply to individuals
subject to an involuntary civil commitment upon completion of a period
of incarceration for a forcible or nonforcible sexual offense.
All other provisions and regulations of the title IV HEA student
assistance programs will remain in effect.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or PDF. To use PDF, you must have Adobe Acrobat
Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Delegation of Authority: The Secretary of Education has delegated
authority to Jamienne S. Studley, Deputy Under Secretary, to perform
the functions and duties of the Assistant Secretary for Postsecondary
Education.

Program Authority: HEA, section 487A(b); 20 U.S.C. 1094a(b).

Dated: July 29, 2015.
Jamienne S. Studley,
Deputy Under Secretary.
[FR Doc. 2015-18994 Filed 7-31-15; 8:45 am]
BILLING CODE 4000-01-P

45964 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices

Æ Next Council Meeting student financial assistance programs message sent to the email address
The established times for addressing authorized under title IV of the Higher provided in the ADDRESSES section of
items on the agenda may be adjusted as Education Act of 1965, as amended (the this notice. The subject line of the email
necessary to accommodate the timely HEA), to apply to participate in a new should read ‘‘ESI 2015—Pell for
completion of discussion relevant to the institution-based experiment under the Students who are Incarcerated.’’ The
agenda items. To further accommodate Experimental Sites Initiative (ESI). text of the email should include the
discussion and completion of all items Under the ESI, the Secretary has name and address of the institution. The
on the agenda, the meeting may be authority to grant waivers from certain letter of application should be on
extended from, or completed prior to title IV HEA statutory or regulatory institutional letterhead and be signed by
the date established in this notice. requirements to allow a limited number the institution’s financial aid
The meeting is open to the public, of institutions to participate in administrator. The letter of application
and will be conducted in English. experiments to test alternative methods must include the institution’s official
Fishers and other interested persons are for administering the title IV HEA name and the Department’s Office of
invited to attend and participate with programs. The alternative methods of Postsecondary Education Identification
oral or written statements regarding title IV HEA administration that the (OPEID), as well as the name of a
agenda issues. Secretary is permitting under the ESI are contact person at the institution, a
Although non-emergency issues not designed to facilitate efforts by mailing address, email address, FAX
contained in this agenda may come institutions to test certain innovative number, and telephone number. Please
before this group for discussion, those practices aimed at improving student include in the letter a listing of the
issues may not be subjects for formal outcomes and the delivery of services. academic programs that the institution
action during this meeting. Actions will Under this experiment, participating is considering for inclusion in this
be restricted to those issues specifically institutions will provide Federal Pell experiment and, for each of those
identified in this notice, and any issues Grant funding to otherwise eligible programs, an estimate of the number of
arising after publication of this notice students who are incarcerated in participating students. We understand
that require emergency action under Federal or State penal institutions. that institutions’ academic program
section 305(c) of the Magnuson-Stevens Details of the experiment are provided listings and the actual number of
below in the ‘‘The Experiment’’ section students who participate may vary from
Fishery Conservation and Management
of this notice. the information submitted in the letter.
Act, provided that the public has been
notified of the Council’s intent to take DATES: Letters of application to Background
final action to address the emergency. participate in the proposed experiment Section 401(b)(6) of the HEA provides
described in this notice must be that students who are incarcerated in a
Special Accommodations
received by the Department of Federal or State penal institution are not
The meeting is physically accessible Education (the Department) no later eligible to receive Federal Pell Grant
to people with disabilities. For more than October 2, 2015 in order for an funds. This prohibition is included in
information or request for sign language institution to receive priority to be the Department’s regulations at 34 CFR
interpretation and/other auxiliary aids, considered for participation in the 668.32(c)(2)(ii).
please contact Mr. Miguel A. Rolón, experiment. Institutions submitting The experiment outlined below will
Executive Director, Caribbean Fishery letters that are received after October 2, allow participating institutions to
Management Council, 270 Muñoz 2015 may still, at the discretion of the provide Federal Pell Grant funding to
Rivera Avenue, Suite 401, San Juan, Secretary, be considered for otherwise eligible students who are
Puerto Rico, 00918, telephone (787) participation. incarcerated in Federal or State penal
766–5926, at least 5 days prior to the ADDRESSES: Letters of application must institutions and who are eligible for
meeting date. be submitted by electronic mail to the release into the community, particularly
Dated: July 29, 2015. following email address: those who are likely to be released
Tracey L. Thompson, experimentalsites@ed.gov. For formats within five years of enrollment in the
Acting Deputy Director, Office of Sustainable and other required information, see program.
Fisheries, National Marine Fisheries Service. ‘‘Instructions for Submitting Letters of The prison population is significantly
[FR Doc. 2015–18940 Filed 7–31–15; 8:45 am] Application’’ under SUPPLEMENTARY less educated than the general
INFORMATION. population. For nearly half of all
BILLING CODE 3510–22–P
incarcerated individuals in Federal or
FOR FURTHER INFORMATION CONTACT: State facilities, a high school diploma or
Warren Farr, U.S. Department of General Educational Development
DEPARTMENT OF EDUCATION Education, Federal Student Aid, 830 (GED) certificate is their highest level of
First Street NE., Washington, DC 20002. education. Only 11 percent of
Notice Inviting Postsecondary Telephone: (202) 377–4380 or by email incarcerated individuals in State
Educational Institutions To Participate at: Warren.Farr@ed.gov. correctional facilities and 24 percent of
in Experiments Under the Experimental If you use a telecommunications individuals incarcerated in Federal
Sites Initiative; Federal Student device for the deaf (TDD) or a text prisons have completed at least some
Financial Assistance Programs Under telephone (TTY), call the Federal Relay postsecondary education.1 In addition,
Title IV of the Higher Education Act of Service (FRS), toll free, at 1–800–877– educational offerings at Federal and
1965, as Amended 8339. State penal institutions are limited in
mstockstill on DSK4VPTVN1PROD with NOTICES

AGENCY: Office of Postsecondary SUPPLEMENTARY INFORMATION: that they generally focus on adult basic
Education, Department of Education. education and secondary education that
Instructions for Submitting Letters of
ACTION: Notice. Application 1 Caroline Wolf Harlow. ‘‘Education and

Correctional Populations.’’ U.S. Department of
SUMMARY: The Secretary invites Letters of application should take the Justice, Office of Justice Programs. January 2003.
postsecondary educational institutions form of an Adobe Portable Document Accessed on June 12, 2015 at: www.bjs.gov/content/
(institutions) that participate in the Format (PDF) attachment to an email pub/pdf/ecp.pdf.

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Document Created: 2018-02-23 10:51:37
Document Modified: 2018-02-23 10:51:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Letters of application to participate in the proposed experiment described in this notice must be received by the Department of Education (the Department) no later than October 2, 2015 in order for an institution to receive priority to be considered for participation in the experiment. Institutions submitting letters that are received after October 2, 2015 may still, at the discretion of the Secretary, be considered for participation.
Contact		Warren Farr, U.S. Department of Education, Federal Student Aid, 830 First Street NE., Washington, DC 20002. Telephone: (202) 377-4380 or by email at: [email protected]
FR Citation		80 FR 45964