UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF POSTSECONDARY EDUCATION
THE ASSISTANT SECRETARY

DEC - 8 2014
GEN-14-21
Subject:

Federal Pell Grant Eligibility for Students Confined or Incarcerated in Locations
That Are Not Federal or State Penal Institutions

Sununary:

This letter clarifies that students who are confined or incarcerated in locations that
are not Federal or State penal institutions, such as juvenile justice facilities, and
who otherwise meet applicable eligibility criteria, are eligible for Federal Pell
Grants.

Dear Colleague:
We have received a number of questions concerning the eligibility for Federal Pell Grants of
otherwise eligible students who are confined to juvenile justice facilities. We write to clarify that
for purposes of Federal Pell Grant eligibility, juvenile justice facilities - like local and county
jails, penitentiaries, and correctional facilities - are not considered to be Federal or State penal
institutions under the Higher Education Act of 1965 as amended, (HEA) and corresponding
regulations. Therefore, students who are confined or incarcerated in juvenile justice facilities
and who otherwise meet applicable eligibility criteria, are eligible for Federal Pell Grants.
Background

The HEA and implementing regulations address student eligibility for Federal Pell Grants and
student loans for students who are "incarcerated." Section 401 (b )(6) of the HEA makes
ineligible for a Federal Pell Grant "any individual who is incarcerated in any Federal or State
penal institution or who is subject to an involuntary civil commitment upon completion of a
period of incarceration for a forcible or nonforcible sexual offense .... " The related regulatory
provision is at 34 CPR §668.32(c)(2)(ii). Section 484(b)(5) of the HEA provides that no student
who is "incarcerated" may receive Title IV student loan funds. The corresponding regulation for
this provision is at 34 CPR §668.32(c)(3).
Regulations applicable to both the Federal Pell Grant and Title IV student loan eligibility
provisions found at 34 CPR §600.2 define "incarcerated student" to mean any "student who is
serving a criminal sentence in a Federal, State, or local penitentiary, prison, jail, reformatory,
work farm, or other similar correctional institution." 1 Section 472(6) of the HEA excludes living
1

This definition of"incarcerated student" in 34 CFR §600.2 does not include individuals who are confined in any
type of correctional facility prior to the imposition of any criminal sentence or juvenile disposition, such as
individuals confined while awaiting trial. Similarly, this definition of"incarcerated student" in 34 CFR §600.2 does
not include students confined or housed in less formal arrangements such as halfway houses, home detention, or
sentenced to serve only weekends. Students who may be confined pretrial or in such less formal arrangements are
therefore not barred from eligibility for either Federal Pell Grants or Title IV student loans.
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expenses from the cost of attendance for incarcerated students and limits their cost of attendance
to tuition, fees, and, if required, books and supplies.

Incarcerated Students in Locations That Are Not Federal or State Penal Institutions
Under these statutory and regulatory provisions, the U.S. Department of Education (Department)
has previously explained that all incarcerated students are ineligible for Title IV student loans
while incarcerated. Additionally, the Department has explained that incarcerated students who
are incarcerated in locations that are not a Federal or State penal institution may be eligible for
Federal Pell Grants, subject to the cost of attendance limitations for incarcerated students.
•

Local or County Jails, Penitentiaries, and Correctional Facilities

The Department has previously clarified that jails, penitentiaries, and correctional facilities under
the jurisdiction oflocal or county governments are not Federal or State penal institutions.
Therefore, the Department has clarified that, if they otherwise meet applicable eligibility criteria,
students incarcerated in such local and county facilities are eligible for Federal Pell Grants, but
not Title IV student loans. Such eligibility applies for these incarcerated students regardless of
their age and whether it was a Federal, State, or juvenile court that convicted and sentenced them
or adjudicated and committed them.
•

Juvenile Justice Facilities

Similarly, as explained below, students who are confined in juvenile justice facilities may be
eligible for Federal Pell Grants because such facilities are not "penal institutions" under these
statutory and regulatory provisions.
For purposes of this letter, we use the term "juvenile justice facilities" to refer to all public or
private residential facilities that are operated primarily for the care and rehabilitation of youth
who, under State juvenile justice Jaws (1) are accused of committing a delinquent act; (2) have
been adjudicated delinquent; or (3) are determined to be in need of supervision. While as a
matter of State Jaw individuals confined in juvenile justice facilities are typically considered to
be "detained" or "committed" to those facilities, for purposes of the applicable regulatory
definitions found at 34 CFR §600.2, students confined in juvenile justice facilities after being
adjudicated delinquent are considered to be "incarcerated students." Therefore, for purposes of
this letter we refer to students who are housed in juvenile justice facilities after being adjudicated
delinquent as either "confined" or "incarcerated" to such facilities.
Juvenile justice facilities are not considered to be Federal or State penal institutions for purposes
of the Federal Pell Grant Program, regardless of what governmental entity operates or has
jurisdiction over the facility, including the Federal government or a State. Therefore, a student
who is confined in a juvenile justice facility is eligible for a Federal Pell Grant so long as the
student meets the other applicable eligibility criteria. This Federal Pell Grant eligibility applies
for students who are confined in juvenile justice facilities regardless of the student's age, the type

of sentence the student received (such as a blended sentence),2 the length of the sentence the
student is serving, and whether the student was adjudicated as a juvenile or convicted as an adult.
Because, as discussed, students confined in juvenile justice facilities after being adjudicated
delinquent are considered to be incarcerated under the applicable regulations, Federal Pell Grant
eligibility for such students is subject to the cost of attendance limitations for incarcerated
students, as is the case for adults who are incarcerated in local or county jails. Additionally,
because they are incarcerated, students who are confined in juvenile justice facilities after being
adjudicated delinquent are not eligible for Title IV student Joans.
It is the responsibility of the Title IV-participating postsecondary educational institution to
determine ifthe facility is a juvenile justice facility as described in this Jetter. We suggest that
postsecondary educational institutions consult with their counsel and the appropriate State
official or juvenile justice agency in the State where the student is confined to make those
determinations. We also suggest that the postsecondary educational institution maintain a
written record of the determination.
Additional Information and Resources
Attached to this Jetter is a series of questions and answers on Federal Pell Grant Eligibility for
Students in Juvenile Justice Facilities that provides additional information for postsecondary
educational institutions, and an updated factsheet on Federal Student Aid Eligibility for Students
Confined in Adult Correctional or Juvenile Justice Facilities that provides information for
students.
Comments and questions regarding the information in this letter or these materials may be sent to
Federal Student Aid's Research and Customer Care Center (Care Center) staff. Staff is available
Monday through Friday between the hours of9:00 a.m. and 5:00 p.m. (Eastern Time) at 1-800433-7327. After hours calls will be accepted by an automated voice response system. Callers
leaving their names and phone numbers will receive a return call the next business day.
Alternatively, you may e-mail the Care Center at fsa.customer.support@ed.gov.
Providing opportunities for youth who are confined in juvenile justice facilities to continue their
education while they are confined can help to equip these youth with the education, training, and
treatment that they need to successfully reenter our communities and the workforce while

2

Blended sentencing laws typically authorize a juvenile court to impose a suspended criminal sentence along with a
juvenile delinquency disposition.

avoiding further involvement with the justice system after their release. Thank you for your
attention to this important matter.

Sincerely,

~~
Acting Assistant Secretary

Attachments:
Questions and Answers: Federal Pell Grant Eligibility for Students in Juvenile Justice Facilities
(new)
Factsheet: Federal Student Aid Eligibility for Students Confined in Adult Correctional or
Juvenile Justice Facilities (revised 12114)