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Vera Institute of Justice - A Piece of the Puzzle - State Financial Aid for Incarcerated Students, 2019

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July 2019

A Piece of the Puzzle:
State Financial Aid for
Incarcerated Students
Lauren Hobby, Brian Walsh, and Ruth Delaney

Foreword
High-quality postsecondary education offers people
in prison new opportunities. It makes it possible for
people leaving prison to build the lives they choose by
equipping them with the tools they need to navigate
the complex social and economic realities of America in
the 21st century. So, too, it offers people serving long—or
possibly endless—sentences the opportunity to build
community while in prison. The statistics supporting these statements are well known: participation in
postsecondary education in prison substantially reduces
the likelihood of a future prison term, a majority all jobs
now require postsecondary training, and the presence of
postsecondary programs in prisons makes those facilities safer and more humane for the people who live and
work within them. With so many reasons to offer these
programs, one may question why they are not more
widely available. The answer is simple: funding.
There is no doubt that people in prison are hungry for
these opportunities. Indeed, 70 percent of people in
prison would like to enroll in an education program,
the vast majority of whom set their sights on postsecondary education. But even at the highest estimates,
current enrollment reaches less than 2 percent of the
1.5 million people serving prison terms in the United
States today. Two recent events attest to the deep

interest and enthusiasm of students and the commitment of colleges to work with people behind bars: the
rapid expansion of programs that followed the launch
of the U.S. Department of Education’s Second Chance
Pell Experimental Sites Initiative (which temporarily reinstates Pell eligibility to incarcerated people
enrolling in participating colleges); and the significant
growth in programs in California after the state legislature in 2014 cleared the way for community colleges to
teach in state prisons.
But, more importantly for the research presented in this
report, these two events show the significant barrier that
funding represents to this field—and what can happen
when that barrier is lifted. Without reliable, renewable,
and accessible funding programs for incarcerated students and the colleges that enroll them, no amount of
interest or enthusiasm could make these programs available, at scale, to the more than 850,000 people who want
to enroll in them before they leave prison.
The primary and only truly reliable mechanism for
low-income students to gain access to higher education is the federal Pell Grant program. Most states rely
heavily on this federal program to support the college
aspirations of the neediest of their prospective college

students. A decade ago, in the grips of the deepest economic recession of the last century, state policymakers
had to make difficult decisions. In many cases, they
cut state financial aid programs for their residents and
tightened the budgets of their public higher education
institutions. Yet despite the return of prosperity in the
American economy, these programs still lag behind their
funding levels in the early 2000s.
Even if these budgets were fully funded in the future,
realistically no state financial aid program can shoulder the need-burden of a state’s residents without the
support of federal funding. Nor do we suggest here that
such a strategy is viable for incarcerated students. The
information contained in this report is presented to fill
gaps in our collective knowledge about state and federal
financial aid that could complement existing funding
sources like the Second Chance Pell initiative, state
contracts, or philanthropic investment—and also in the
future, we hope, by fully reinstated Pell Grants. After all,
public and private higher education institutions rely on
a rich network of funding sources to underwrite their
impressive innovations in meeting the challenges of the
changing education and employment landscapes and
their commitments to working with talented students of
limited financial means.

As we begin to see incarcerated students as part of our
college communities across the nation, we invite colleges and universities to draw on these same sources to
meet the challenges of building high-quality programs
for these talented, deserving, and overwhelmingly
enthusiastic students.

Margaret diZerega
Project Director
Center on Sentencing
and Corrections
Vera Institute or Justice

Ruth Delaney
Program Manager
Center on Sentencing
and Corrections
Vera Institute of Justice

In Memory of Fred Patrick
Director, Center on Sentencing and Corrections
Vera Institute of Justice

Tireless advocate for a more just and humane society
1964–2019

Contents
1	Introduction	
5	

Incarcerated students, state educational attainment goals,
and departments of corrections: Where state financial aid fits in	

9	

Access to state merit- and need-based aid for students in prison	

	

9	

States with no barriers on state financial aid programs

	

13	

States with statutory and policy barriers based on students’
incarceration status

	

13	

States with statutory barriers that extend past release from
prison

	

14	

Statutory and policy barriers based on eligibility for federal
financial aid programs

17	

Hidden barriers for incarcerated students applying for state
merit- or need-based aid

	

17	

Beyond need: Additional eligibility requirements for state
financial aid

	

17	

Residency requirements

	

18	

The challenges of completing applications while incarcerated

21	Conclusion	
23	Endnotes	

Introduction

E

ach year more than 600,000 people leave prisons across the United
States and return home, seeking jobs and housing, aiming to reconnect
with family and loved ones, and working hard to stay free and avoid
arrest and another prison term.1 At the community level, postsecondary education offered to people in prison is a fundamental piece to building a skilled
workforce and a resilient economy.2 At the individual level, the combination
of benefits that postsecondary education provides puts people on a path
towards a brighter future by disrupting the cycle of poverty and incarceration.3 Educating people in prison doesn’t just benefit one generation: children
of those who attend college are more likely to enroll themselves.4
Postsecondary education has not been offered to people in prison at
scale due to the numerous barriers that prevent individual students and
postsecondary institutions from accessing state and federal funding programs that are available to other students and the institutions that serve
them.5 Over the last two decades, while colleges and departments of corrections have sought to expand educational opportunities in prison, they
have had to rely on private philanthropic funding and small state contracts
with corrections agencies, or to recruit students who can pay tuition without financial aid.6 The availability of these funding sources can fluctuate. In
particular, state funding for education programs offered in prison is vulnerable to economic downturns and difficult budget years.7 Indeed, there
is a significant gap today between eligibility for and interest in postsecondary education among people in prison, and actual enrollment in these
programs.8 The majority of people in prison are interested in pursuing
postsecondary education, but only a fraction are able to enroll.9
Colleges and corrections agencies have long partnered to offer education programs to people in prison. Prior to World War II, colleges and
universities offered correspondence courses to incarcerated people, and
later expanded offerings to include fully accredited academic programs
taught in-person inside the prison walls.10 With the passage of the Higher
Education Act of 1965 and the creation of Pell Grants for students with
financial need in 1972, colleges began to use federal financial aid to fund
programs in prisons.11 In 1994, however, Congress banned access to Pell

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Grants for people in prison—effectively cutting off educational opportunities beyond high school to more than a million incarcerated people
and ending college programs in which 23,000 people had been enrolled.12
More than half of states followed suit, banning incarcerated students from
participation in both need- and merit-based state financial aid programs.
Although a handful of colleges persisted in offering postsecondary education in prison, interest among incarcerated students far outstripped the
availability of programs.
Reinstating eligibility for federal Pell Grants to people in prison is the
most effective way to make quality higher education available to those
academically prepared and interested in enrolling.13 But state funding
can play a role, too. Two recent expansions in eligibility for financial aid
and state funding underline the key roles these funding programs play in
making programs available to people in prison. At the federal level, the U.S.
Department of Education launched the Second Chance Pell Experimental
Sites Initiative in 2016, a demonstration project that temporarily lifts the
ban on Pell Grants for students in state and federal prisons.14 This initiative
enables 67 colleges to administer federal financial aid to 11,000 students in
state and federal prisons.15 In California, a permanent change to state funding policy for community colleges in 2014 led to more than 4,500 students
enrolling in face-to-face higher education while still in prison.16 These students likely represent the single largest expansion in enrollment in college
programs among people behind bars in more than 25 years, showing the
impact that opening access to state and federal funding can have. But the
gap between incarcerated people who want an education and those who
can get one is still wide: 70 percent of people in prison would like to enroll
in an education program, the vast majority of whom—(82 percent) or more
than 850,000 people—set their sights on postsecondary education.17
That people in prison qualify for need-based financial aid should not be
surprising: incarcerated people overwhelmingly come from low-income
and impoverished communities of color and, with few exceptions, are
barred from earning market wages while in prison.18 Students outside of
prison pay tuition and fees through a variety of means, including out-ofpocket payments and merit- or need-based financial aid in the form of
grants and loans.19 For low-income students, the primary mechanism for
paying for postsecondary education is need-based financial aid. Given that
incarcerated students tend to have fewer financial resources than their

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

2

peers in the community, few incarcerated people will be able to enroll in
postsecondary education without access to financial assistance.20 But these
programs are not necessarily open to incarcerated people.21
Although federal financial aid remains the primary funding source for
low-income students in the United States, nearly all states also have financial aid programs meant to support college attendance among those who
have limited means. However, like the federal Pell ban, many of these financial aid programs have bans on or other barriers to access for incarcerated
students.22 This report contains a comprehensive overview of barriers to

Although federal financial aid remains the
primary funding source for low-income
students in the United States, nearly all
states also have financial aid programs
meant to support college attendance
among those who have limited means.

accessing state financial aid faced by incarcerated students and the colleges
and universities in which they seek to enroll. By surveying state laws and
financial aid policies, this report highlights the legal barriers preventing
states from investing in the education of qualified students who are serving
time in prison, reviews state and federal funding sources that are currently available, and suggests ways in which policymakers and education
leaders can incorporate merit- and need-based state financial aid into the
suite of funding sources. In addition, the Technical Appendix (available at
www.vera.org/a-piece-of-the-puzzle-appendix) provides a state-by-state
detailed description of need- and merit-based aid programs available to
incarcerated students, as well as programs with statutory and other barriers.

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Why invest in state funding for postsecondary education in prison now?*
State governments are increasingly looking to build their
workforce by improving access to funding for higher
education and providing pathways to high-demand jobs.
Vera’s recently released report—Investing in Futures:
Economic and Fiscal Benefits of Postsecondary Education
in Prison—written with the Georgetown Center on Poverty
and Inequality, found that expanding these programs to
include incarcerated students will spur economic benefits
throughout a state.a

›› Taxpayer savings. Every dollar invested in

postsecondary education in prison saves taxpayers $4 to
$5 in incarceration costs.b

›› Increased employment and economic stability.

Each year, more than 600,000 formerly incarcerated

people return to their communities in states across the
country. Participation in postsecondary programs while
incarcerated can increase students’ employment rates
by up to 10 percent.c

›› Better jobs. Eighty percent of good jobs—defined as jobs
paying $35,000 or more for 25–44 year olds—require at
least some postsecondary education, and 56 percent of
good jobs require at least a bachelor’s degree.d

›› Safer communities. Studies show that participation

in postsecondary education can reduce an individual’s
likelihood of recidivism by up to 48 percent.e In addition,
prisons with postsecondary education programs report
lower levels of violence in facilities, making them safer for
those who live and work in prisons.f

* Box notes at end of report.

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

4

Incarcerated Students, State
Educational Attainment Goals,
and Departments of Corrections:
Where State Financial Aid Fits In

E

xpanding access to state financial aid has benefits for students and their
families; colleges, universities, and state higher education systems; and
state departments of corrections. These benefits can form a complementary relationship among the college, the community, and the students in
prison, in which each relies on the others to ensure the availability of strong,
sustainable postsecondary education programs to a broad range of students.
For students and their families. Across the United States, students
and their families must pay tuition, fees, and other costs related to postsecondary education. Among enrolled students, 57 percent report using
scholarships and 56 percent report using grants to reduce this financial
burden.23 Incarcerated people, compared to people who are not in prison,
are more likely to have grown up below the federal poverty line, in a
single-parent household, and in economically distressed neighborhoods.24
Once in prison, their typical earnings are between $0.14 and $1.41 per
hour.25 Based on how the federal government determines a student’s financial need—a calculation that is often also used to determine state financial
aid eligibility—most incarcerated people would have qualified for needbased financial aid programs prior to incarceration, and they are likely to
remain eligible during their prison terms.26 Finally, incarceration has been
shown to lower annual and lifetime earnings, making it likely that incarcerated people will be eligible for need-based aid after they return home.27
With incomes so low, paying for college without need-based financial aid is likely to be extremely difficult for incarcerated people and their
families. Were they to have access to postsecondary education while
incarcerated, more incarcerated people could use their time in prison to
learn skills that would make it easier to find stable employment once they

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return to their communities.28 Postsecondary education is much more than
advanced training: it is becoming a basic requirement for most jobs in the
American economy. Indeed, within the next several years, two-thirds of all
jobs will require some type of postsecondary training.29 Moreover, providing access to postsecondary education in prisons can disrupt the cycle of
poverty and incarceration: children of those who attend college are more
likely to enroll themselves.30

Expanding access to state financial
aid has benefits for students and their
families; colleges, universities, and
state higher education systems; and
state departments of corrections.

Colleges, universities, and state higher education systems. Public
community colleges, private colleges, and state universities also benefit
from increased access to financial aid for incarcerated students. States in
every region of the country are acutely focused on workforce development initiatives. These programs aim to equip those groups that still face
high unemployment rates with the skills necessary to match employers’ needs. And with low overall unemployment rates, business owners
are more open to hiring formerly incarcerated students.31 Ensuring that
incarcerated people can acquire the skills and credentials in high demand
in their states or regions is a necessary part of a state’s higher education
efforts to meet workforce goals.
Public and private colleges, as well as state higher education systems,
set equity goals to expand access to and completion of education for
students and communities of color. Given that 70 percent of men and 52
percent of women in federal and state prisons identify as people of color,

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

6

but only 42 percent of people in postsecondary education overall identify
as students of color, engaging in prison-based education may help these
institutions fulfill their goals of improving the diversity of postsecondary
education participants.32 Developing the capacity of colleges and universities to enroll incarcerated students, a historically underrepresented
population in postsecondary programs, may aid these institutions in meeting their broader goals.

Partnering with colleges and
universities to provide postsecondary
programs can help state corrections
agencies meet institutional goals
related to evidence-based practices
and recidivism reduction.

Many states are also pursuing initiatives to improve educational attainment among residents. For example, Tennessee’s Drive to 55, Michigan’s
Detroit Drives Degrees, and Arizona’s Achieve60AZ all seek to raise
postsecondary attainment to a certain percentage by a certain date.33
Achieve60AZ, for example, has set the “ambitious but achievable goal” of
raising the college degree attainment rate from 42 percent to 60 percent of
state residents between the ages of 25 and 64 by 2030.34 Given that some
postsecondary institutions report higher than average program completion
rates among incarcerated students, expanding access to higher education in
prison could help states achieve these attainment goals.35
State departments of corrections. Partnering with colleges and universities to provide postsecondary programs can help state corrections agencies
meet institutional goals related to evidence-based practices and recidivism
reduction. Postsecondary education has been shown to reduce recidivism

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among those who enroll by as much as 48 percent.36 Based on these findings, education programs, including postsecondary education, were given a
rating of “promising” in 2014 by the U.S. Department of Justice in its compendium of evidence-based practices.37 But as state corrections agencies
report, funding is the largest obstacle to making postsecondary education
programs available to qualified students.38 By working with programs that
accept financial aid, corrections agencies will have access to postsecondary
partners that can reliably provide education programming in prison.
Programs that accept federal and state financial aid must meet various
eligibility requirements related to accreditation and the types of programs in which students can enroll.39 This ensures that courses offered
to students meet the accrediting and program standards set by the U.S.
Department of Education and/or relevant state education agencies.
Working with programs that accept financial aid may therefore offer assurance to corrections agencies and the public that the programs offered will
provide students with the credentials they need for success after prison.

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

8

Access to State Merit- and NeedBased Aid for Students in Prison

T

he findings presented here are drawn from Vera’s review of all 50
states’ statutes and policies related to state financial aid. The findings
are summarized in Figure 1 in this report on page 10, as well as presented with detailed individual state analyses in the Technical Appendix.
More than half of all states have some statutory or policy barrier preventing incarcerated students from accessing at least one state aid program.
These barriers have differing impacts on students’ abilities to fund their
education during and after incarceration, depending on how the requirements are drafted and implemented. The following discussion describes
states with no barriers, those with statutory barriers based on incarceration status, those that extend beyond a prison term, and those with
statutory or policy barriers that are based on federal financial aid eligibility.

States with no barriers on state financial
aid programs
Seventeen states and the District of Columbia have no statutory, regulatory,
or policy or practice barriers explicitly precluding incarcerated students
from applying for state financial aid: Alabama, Alaska, Connecticut, Hawaii,
Idaho, Iowa, Maine, Maryland, Minnesota, Nevada, New Hampshire, New
Mexico, North Dakota, Oregon, Vermont, Virginia, and Wisconsin.40 In
these states, incarcerated students should be eligible for state financial aid.
Kentucky, while technically allowing incarcerated students to receive
financial aid, established a de factor barrier: rather than having a flat
prohibition, its statutes prevent incarcerated students from receiving
state financial aid unless all other eligible nonincarcerated students have
received awards.41 Because Kentucky has not historically fully funded its
grant program, incarcerated students are moved to the back of a line that is
never entirely served.42

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Figure 1

Comparison of state financial aid barriers
CIRCLE No barriers to
state aid

CIRCLE Some barriers to
state aid

CIRCLE Significant barriers to
state aid

CIRCLE Other barrier status

Types of barriers

State

Barrier status
(none/some/all)

States with statutory
and/or policy barriers
based on students'
incarceration status1

States with statutory
barriers that extend past
release from prison

States with statutory
and/or policy barriers
based on eligibility for
federal financial aid

Alabama

CIRCLE

Alaska

CIRCLE

Arizona

CIRCLE

Arkansas

CIRCLE

CIRCLE

California

CIRCLE

CIRCLE

Colorado

CIRCLE

Connecticut

CIRCLE

Delaware

CIRCLE

District of
Columbia

CIRCLE

Florida

CIRCLE

Georgia

CIRCLE

Hawaii

CIRCLE

Idaho

CIRCLE

Illinois

CIRCLE

CIRCLE

Indiana

CIRCLE

CIRCLE

CIRCLE

Iowa

CIRCLE

Kansas

CIRCLE

CIRCLE

CIRCLE

1

CIRCLE

CIRCLE

CIRCLE

CIRCLE
CIRCLE

CIRCLE

Some incarcerated students will be unable to access financial aid even in states without specific statutory or policy bans on aid for incarcerated
people, because these states have bans that refer to conviction histories or criminal records. The conviction that resulted in the prison sentence the
incarcerated person is serving will make them ineligible based on these types of bans. All incarcerated students in Florida, Louisiana, Mississippi, Utah,
and Washington who have convictions (except for some misdemeanors) are unable to access at least one program, while students convicted of
specific offenses (such as felony drug convictions) are unable to access at least one program in Delaware, South Carolina, South Dakota, and Texas.

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

10

CIRCLE No barriers to
state aid

CIRCLE Some barriers to
state aid

CIRCLE Significant barriers to
state aid

CIRCLE Other barrier status

Types of barriers

Barrier status
(none/some/all)

States with statutory
and/or policy barriers
based on students'
incarceration status1

States with statutory
barriers that extend past
release from prison

Kentucky

CIRCLE 2

CIRCLE

CIRCLE

Louisiana

CIRCLE

Maine

CIRCLE

Maryland

CIRCLE

Massachusetts

CIRCLE 3

Michigan

CIRCLE

Minnesota

CIRCLE

Mississippi

CIRCLE

Missouri

CIRCLE

CIRCLE

Montana

CIRCLE

CIRCLE

Nebraska

CIRCLE4

Nevada

CIRCLE

New Hampshire

CIRCLE

New Jersey

CIRCLE

New Mexico

CIRCLE

New York

CIRCLE

North Carolina

CIRCLE

State

CIRCLE

CIRCLE

CIRCLE 3

CIRCLE 3

CIRCLE 3

CIRCLE

CIRCLE

CIRCLE

CIRCLE

11

Vera Institute of Justice

CIRCLE

CIRCLE

CIRCLE4

CIRCLE

CIRCLE

Priority for state aid is given to students who are not incarcerated.
Board of Education guidelines for some programs conflict on eligibility.
4
Ban is based on agency interpretation and may or may not apply to every program.
2

3

States with statutory
and/or policy barriers
based on eligibility for
federal financial aid

CIRCLE

CIRCLE No barriers to
state aid

CIRCLE Some barriers to
state aid

CIRCLE Significant barriers to
state aid

CIRCLE Other barrier status

Types of barriers

State

Barrier status
(none/some/all)

States with statutory
and/or policy barriers
based on students'
incarceration status1

States with statutory
barriers that extend past
release from prison

CIRCLE

North Dakota

CIRCLE

Ohio

CIRCLE

CIRCLE

Oklahoma

CIRCLE

CIRCLE

Oregon

CIRCLE

Pennsylvania

CIRCLE

Rhode Island

CIRCLE

South Carolina

CIRCLE

CIRCLE

South Dakota

CIRCLE

CIRCLE

Tennessee

CIRCLE

Texas

CIRCLE

CIRCLE

Utah

CIRCLE

CIRCLE

Vermont

CIRCLE

Virginia

CIRCLE

Washington

CIRCLE

West Virginia

CIRCLE

Wisconsin

CIRCLE6

Wyoming

CIRCLE

CIRCLE

States with statutory
and/or policy barriers
based on eligibility for
federal financial aid

CIRCLE5
CIRCLE

CIRCLE

CIRCLE

CIRCLE
CIRCLE

CIRCLE

CIRCLE

CIRCLE7

CIRCLE

The state board has authority to deny aid but does not presently exercise it except for one program.
Most aid programs contain barriers for people who are in arrears on child support payments.
7
Students who have completed all court-imposed conditions may appeal this barrier.
5

6

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

12

States with statutory and policy barriers
based on students’ incarceration status
Sixteen states bar students who are incarcerated from accessing at least
one financial aid program in the state based on their incarceration status:
Arkansas, California, Georgia, Illinois, Indiana, Michigan, Montana, New
Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, West Virginia,
and Wyoming.43 These statutory barriers generally do not apply once students are no longer incarcerated.

The majority of people in prison are
interested in pursuing postsecondary
education, but only a fraction are able
to enroll.

In all of these states except New York, which limits its ban to prisons,
the prohibition on awarding financial aid to incarcerated students extends
to those held both in prisons and jails.44 This is in contrast to the federal
Pell ban, which the U.S. Department of Education has clarified does not
prohibit otherwise eligible students from receiving need-based aid while
incarcerated in jails, juvenile facilities, or halfway houses.45

States with statutory barriers that extend
past release from prison
In 14 states, including five states that also have programs with barriers based on carceral status, the restrictions on state financial aid are
more severe. Six states—Delaware, Florida, Kentucky, South Carolina,
Washington, and Wyoming—permanently bar students convicted of
any felony from consideration for at least one of their state financial aid

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programs even after completion of their sentences.46 Texas bars students
with felony or drug convictions from receiving aid for two years after
they return to the community or complete parole or probation.47 Two
states, Georgia and South Dakota, have permanent bans on financial aid
for students convicted of any drug-related felony.48 In Michigan, students
convicted of a felony involving assault, physical injury, or death are not
eligible for one of the state’s financial aid programs.49
In addition, four states—Louisiana, Mississippi, Oklahoma, and Utah—
permanently bar students with any criminal convictions from some state
financial aid programs.50 Missouri and Tennessee ban students convicted of a
crime while receiving state financial aid from renewing their state assistance,
provided that such a conviction would preclude the student from receiving
federal financial aid under Title IV of the Higher Education Act, which governs federal student assistance programs.51 (For a more detailed discussion of
Title IV, see below.) By statute, Ohio bars students convicted of riot, failure to
disperse, and misconduct at an emergency from receiving aid under any of
the state’s financial aid programs for two calendar years.52

States with statutory and policy barriers
based on eligibility for federal financial
aid programs
Some states limit incarcerated students’ access to state financial aid less
explicitly by referring to federal eligibility standards, typically referencing
either Title IV eligibility or Pell eligibility. (Federal Pell Grants are offered as
part of a suite of federal student financial aid programs enacted in Title IV
of the Higher Education Act.)53 In this way, federal policy is echoed in state
programs. When these policies or regulations reference Pell eligibility, the status of students’ eligibility is clear: incarcerated students are ineligible for Pell
Grants. However, when they reference Title IV eligibility more broadly, these
statutes become more difficult to interpret, because incarcerated students
are eligible for other aid programs authorized by Title IV, such as Federal
Supplemental Educational Opportunity Grants (FSEOG).54 Partial eligibility
for Title IV may be interpreted in different ways in different states.
By statute, North Carolina and Louisiana require Pell eligibility to qualify
for some state financial aid programs. The Missouri Department of Higher

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

14

Education has interpreted the state’s statutory barrier to those with criminal
convictions to bar consideration of any student who is not eligible for Pell
Grants, although the statute itself references Title IV more broadly.55
States that do not explicitly reference Pell eligibility in their statutes
may still use it as a qualifying mechanism. In Arizona, Colorado, Indiana,
Kansas, Massachusetts, Nebraska, and West Virginia, state higher education
agencies have established policies that require Pell or Title IV eligibility.
Massachusetts’ policy requires not only that students be eligible to receive
a Pell Grant, but also that they have never been convicted of a drug offense
or incarcerated in a federal or state penal institution.56 This ban extends
after students have returned to their community. These state education
agencies are typically empowered by the state’s statutes or regulations to
set policies on how to process student applications.57 These policies also can
restrict incarcerated students’ access to funding for so long as the federal
program contains a ban that applies to them.
Although the effect is the same, Rhode Island organizes its funding slightly differently: the Rhode Island Office of the Postsecondary
Commissioner allocates state financial aid dollars to colleges in the state,
which can distribute aid based on their own eligibility criteria.58 The
Community College of Rhode Island and Rhode Island College have chosen to require Pell eligibility for Rhode Island’s Supplemental Opportunity
Grant and Stay-the-Course Scholarship, respectively.59

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Additional state and federal financial aid and funding programs with no barriers*
In developing strategies to serve a wide variety of students,
colleges and universities working in the community approach
funding in a number of ways. They seek state appropriations,
full-time equivalent enrollment (FTE) allocations, and public
and private grants to support their operations and innovations.
Prison-based college programs, which traditionally have relied
entirely on private foundations and donations or a single
source of public funding, can develop similar multistream
funding opportunities for their students. Using a variety of
funding sources protects students from having to terminate
their education if a single source fails and has the potential to
expand access and opportunity.
In addition to Pell Grants and need- and merit-based state
financial aid, there are a few additional state and federal
programs that are available to incarcerated college students or
to postsecondary institutions seeking to offer programs to them.
This section summarizes only those federal programs available
to incarcerated students and postsecondary institutions
working in prison and those at the state level that are available
to at least some students and postsecondary institutions.

›› GI Bill. The Department of Veterans Affairs can pay

certain benefits to honorably discharged veterans who are
incarcerated in a federal, state, or local penal institution;
however, the amount depends on the type of benefit and
the reason for incarceration.a Although prior to the passage
of the Forever GI Bill in 2017 veterans had 15 years from
their last discharge or release from active duty before their
eligibility for college assistance lapsed, these benefits no
longer have a time limit.b

›› Federal Work-Study (FWS) and Federal Supplemental

Education Opportunity Grant (FSEOG). FWS and
FSEOG are need-based federal financial aid programs.
Students who qualify for FWS are awarded a certain
amount of money and may earn up to that sum
performing part-time work for their school, which helps
pay for their education expenses.c The FSEOG is a grant
ranging from $100 to $4,000 per year depending on
need.d According to the U.S. Department of Education,
incarcerated students technically may be eligible to
receive FWS and FSEOG funding.e Although there are
real challenges to accessing these funds in prison—for
example, it is difficult for incarcerated students to perform
many common FWS jobs—FWS could be a way to pay
incarcerated students enrolled in postsecondary programs

as tutors or instructional aides at a prevailing wage. These
wages could supplement other funds with which students
pay tuition for postsecondary programs.

›› Workforce Innovation and Opportunity Act (WIOA).

WIOA is designed to help coordinate education, training,
and support needs of job seekers with the needs of
employers.f The act provides a number of ways to fund
programs that assist job seekers in attaining the skills
and knowledge that will make them desirable employees.
Title II of WIOA, known as the Adult Education and
Family Literacy Act, is widely used in pre-college prison
education programs, but few states use WIOA Title I Adult
and Dislocated Worker funding to fund postsecondary
programs.g Because WIOA funds are targeted at increasing
employment, this funding source may be especially
relevant to career and technical programs.

›› State and federal foster care tuition assistance.

Twenty-eight states provide tuition assistance programs
for people who have been in the child welfare system.h The
majority of these programs include a tuition waiver for
qualifying students and are available to students who are
currently incarcerated.i In addition, the federal government
funds an education and training voucher program for
former and current foster care youth, which is managed
by each state.j The program provides up to $5,000 of
funding per student per year to aid with tuition, books,
fees, and other living expenses.k Each program has specific
eligibility requirements beyond need, such as age limits or
application timing requirements, and not all incarcerated
students will qualify. (See the Technical Appendix for more
information on the availability of state programs that are
not part of the federal voucher program.)

›› State full-time equivalent enrollments. State colleges

and universities are often funded through state full-time
equivalent (FTE) student enrollments. This means that the
school receives funding “per enrolled student” but, rather
than counting heads, the funders count 15 credit hours as
“one full-time student.” Many states allow public colleges
and universities to count incarcerated students toward their
enrollment targets. Enrolling more incarcerated students,
even if they are part-time students, creates a source of
funding for state institutions as well as an incentive to grow
prison-based programs to scale.l

* Box notes at end of report.

16

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Institute
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A
Piece
of theof
Puzzle:
State Financial Aid for Incarcerated Students

16

Hidden Barriers for Incarcerated
Students Applying for State Meritor Need-Based Financial Aid

S

tates with explicit barriers on financial aid ensure that incarcerated
students cannot partake in this essential resource to fund their
education. But even in states where no explicit barriers exist, there
are a number of additional factors that influence whether incarcerated
students are eligible for a specific state financial aid program. These eligibility requirements create another, hidden layer of barriers for incarcerated
students, including additional conditions beyond financial need, state or
county residence, and burdensome application documentation.

Beyond need: Additional eligibility
requirements for state financial aid
Many state financial aid programs have a number of eligibility requirements
that make it difficult for incarcerated students to qualify for funding, such as
full-time enrollment, high school GPA minimums, enrollment in a public state
university or community college, or enrollment in a program before reaching
age 20 or within a certain number of months of obtaining one’s high school
credentials.60 The educational histories of many incarcerated people would
preclude them from eligibility based on these criteria, and the timing of their
incarceration or sentence length may bar them from others.61 Incarcerated students and their advisors should work with their state higher education agency
to understand which programs are most appropriate for them.

Residency requirements
Incarcerated students must meet state residency requirements to be
eligible for almost all state financial aid programs. State residency is

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also required to receive in-state tuition benefits at public universities
and community colleges. State statutes generally outline residency
requirements.62 Although these statutes vary, typically states’ residency
definitions have a durational requirement, and applicants must show that
they or their parents have resided in the state for the requisite period.63
Incarceration does not necessarily count toward this durational require-

Even in states where no explicit barriers
exist, additional factors influence whether
incarcerated students are eligible for a
specific state financial aid program.

ment. In addition, each college or university financial aid office conducts
its own domicile analysis for all students to determine if they qualify
for in-state tuition.64 As part of this process, students may be asked to
produce proof of address or demonstrate that they graduated from a
high school in the state. This may be challenging for students who are
currently incarcerated or who, prior to incarceration, did not have stable
housing. Proving residency is key to optimizing funding, as state financial
aid programs are often structured to meet the costs of in-state tuition for
state postsecondary institutions.65

The challenges of completing applications
while incarcerated
In general, students apply for state financial aid using the Free Application
for Federal Student Aid (FAFSA)—even if they are not concurrently applying for federal aid.66 Students must complete all sections of the FAFSA,
including selective service requirements and income tax verification. Both

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

18

educational institutions and incarcerated students face a number of challenges in completing and processing these applications.

19

››

Eighty percent of students apply for federal financial aid through
FAFSA online, while less than 1 percent submit their applications
on paper.67 Very few prisons offer Internet access to incarcerated
people, meaning that many colleges and universities must provide
additional support to help incarcerated students submit paper
applications, such as providing forms for students to request tax
information or scanning and uploading paper applications to the
online submission portal.68

››

Male financial aid applicants are required to register for the military
draft with the Selective Service Administration by age 26 in order
to be eligible for federal financial aid, and 31 states have also adopted
this requirement.69 For a variety of reasons, including repeated
incarcerations, homelessness, and family instability, many incarcerated students have not registered. Although those men who are
under age 26 can still register and become eligible, others who are
26 or older must go through an appeals process with the college or
university financial aid office to explain extenuating circumstances
that prevented their enrollment by the age deadline.70

››

Income tax verification for students, their spouses, or their parents
can be a major challenge. Because of their restricted access to their
personal financial records while in prison, many incarcerated students
have struggled to meet income tax verification requirements. In addition, incarcerated students may find it difficult to collect documents
from spouses and parents. Finally, the ways in which the Internal
Revenue Service accepts requests for tax records often conflict with
permitted or accessible communication methods in correctional facilities, making it difficult to obtain records.71 Even where these resources
can be compiled, the cumulative time involved in requesting and gathering paper records for submission is itself a barrier.

››

Students are not eligible for federal financial aid if they have federal student loans in default, and many states have incorporated

Vera Institute of Justice

this requirement into their financial aid programs.72 Even if they
have the resources to make payments, incarcerated people may
struggle to contact the holders of their defaulted loans while they
are in prison where pay phones and regular mail may be the only
available means of communication. Some colleges and universities
have assisted incarcerated students in overcoming these difficulties
and getting their student loans out of default by setting up monthly
payment plans. But not only are students barred from using loan
consolidation to resolve defaulted loans while incarcerated, many
states have policies that limit the ability of incarcerated people to
enter into payment contracts, making it more difficult for colleges
and universities to assist their students.73
››

Finally, incarcerated students may struggle to communicate with
financial aid offices to complete application processes. Many financial
aid offices communicate entirely by email or through online portals,
neither of which are freely available to most incarcerated students,
especially before they are enrolled.74 Colleges in which incarcerated
students enroll have found it helpful to host office hours or other
financial aid advising sessions with current and prospective students
leading to resolve barriers and answer questions.

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

20

Conclusion

A

lthough this report is limited to the laws and regulations related
to state financial aid, in reality colleges and universities will need
to organize multiple funding streams to fully sustain and support higher education in prison. This report suggests that states looking
to expand postsecondary education in prisons can use the same set of
tools for funding that they use in higher education in the community.
Policymakers, college and university leaders, deans, and financial aid
directors do not need to reinvent the wheel when it comes to funding
prison-based education. Instead, they can look for ways to remove barriers
to existing funding and use the same strategies they employ in blending
funding streams in the new prison environment.

States looking to expand postsecondary
education in prisons can use the same
set of tools for funding that they use in
higher education in the community.

Some states are already experimenting with multiple funding streams
for higher education in prison. For example, in California, Texas, and
Wisconsin, students are accessing veterans’ benefits, Second Chance Pell
Grants, and state financial aid or tuition waivers; and the postsecondary
programs that enroll these students have successfully sought private philanthropic funding and accessed state FTE allocations. The combinations of
these funding sources have enabled a variety of students to enroll—those
who qualify for some financial aid programs but not others—and allowed
the colleges to offer privately funded scholarships to those who do not
qualify for any financial aid program. By blending funding, the costs of

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operating these programs are distributed across multiple sources, so that
no single source is responsible for the entire program. These programs
minimize their vulnerability to changes in any one funding source and
diversify the students who can enroll.
The outlook for the reinstatement of federal Pell Grant eligibility for people in prison is promising, and repeal of the current ban is critical in order
to scale high quality higher education in the nation’s prisons.75 But there is
more that can be done at the state level.76 By leveraging multiple sources of
funding—including renewed Pell eligibility on the federal level as well as the
state financial aid resources outlined in this report—colleges and universities
can begin to lay the foundation for a strong, sustainable future for postsecondary programs in prison. These colleges and universities have the potential
to make high-quality, well-resourced programs accessible to tens of thousands of people in prisons across the United States.

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

22

Endnotes
1	

E. Ann Carson, Prisoners in 2016 (Washington, DC: Bureau of
Justice Statistics (BJS), 2018), https://perma.cc/4TLH-VBBY. For the
challenges these formerly incarcerated people face, see generally
Amanda Geller and Marah A. Curtis, “A Sort of Homecoming:
Incarceration and the Housing Security of Urban Men,” Social
Science Research 40, no. 4 (2011), https://perma.cc/ED5S-PKU5;
Rebecca Nasner and Nancy LaVigne, “Family Support in the
Prisoner Reentry Process: Expectations and Realities,” Journal
of Offender Rehabilitation 43, no. 1 (2006) 93-106; and Mark T.
Berg and Beth M. Huebner, “Reentry and the Ties that Bind: An
Examination of Social Ties, Employment and Recidivism,” Justice
Quarterly 28, no. 2 (2010), https://perma.cc/ECB5-TZMG.

2	

Lexi Anderson and Tom Keily, Approaches to State Workforce
Development Systems (Denver, CO: Education Commission of the
States, 2018), 2, https://perma.cc/E76N-YH29.

3	

4	

5	

23

Participation in a postsecondary education program while
incarcerated has been shown to reduce the likelihood of recidivism
by as much as 48 percent. Robert Bozick, Jennifer Steele, Lois
Davis, and Susan Turner, “Does Providing Inmates with Education
Improve Postrelease Outcomes? A Meta-Analysis of Correctional
Education Programs in the United States.” Journal of Experimental
Criminology 14, no. 3 (2018), 389-428, https://perma.cc/7EET-C2ZW;
and Lois M. Davis, Jennifer L. Steele, Robert Bozick et al., How
Effective Is Correctional Education, and Where Do We Go from
Here? The Results of a Comprehensive Evaluation (Santa Monica,
CA: RAND Corporation, 2014), 16, https://perma.cc/2JYM-Z69L.
Correctional Association of New York, Education from the
Inside, Out: The Multiple Benefits of College Programs in
Prison (New York: Correctional Association of New York,
2009), 3, https://perma.cc/678G-979E; and James Conway
and Edward Jones, Seven Out of Ten? Not Even Close (New
Britain, CT: Central Connecticut State University, 2015), 10-14,
https://perma.cc/N4US-9BUS.
There are other obstacles faced by educational and correctional
staff as new programs launch or expand. For example, corrections
agencies and Second Chance Pell partners have cited the lack of
classroom and lab space for programming. In addition, research
into literacy and numeracy skills of incarcerated students has
suggested that preparation for postsecondary level work may
pose challenges. Partners will have to work creatively to find smart
solutions to these issues. Ruth Delaney, Ram Subramanian, and
Fred Patrick, Making the Grade: Developing Quality Postsecondary
Education Programs in Prison (New York: Vera Institute of Justice,
2016), 23-24, https://perma.cc/ZU6K-WC7V; U.S. Government
Accountability Office (GAO), Federal Student Aid: Actions Needed
to Evaluate Pell Grant Pilot for Incarcerated Students – GAO-19-130
(Washington, DC: GAO, 2019), 20-21, https://perma.cc/RT6M-LV2Z;
and Bobby D. Rampey, Shelley Keiper, Leyla Mohadjer et al.,
Highlights from the U.S. PIAAC Survey of Incarcerated Adults: Their
Skills, Work Experience, Education, and Training: Program for the
International Assessment of Adult Competencies: 2014 (NCES 2016040) (Washington, DC: National Center for Education Statistics,
2016), 6, https://perma.cc/DG6H-GM2S.

Vera Institute of Justice

6	

For example, in Ohio, the Department of Rehabilitation and
Corrections (ODRC) offers postsecondary education through
contracts with community colleges and state universities,
whereby the schools are reimbursed by ODRC. ODRC, Ohio
Penal Consortium Fiscal Issues – 57-EDU-10 (Columbus, OH:
ODRC, 2017), https://perma.cc/S36P-KJGU. Jackson College in
Michigan and Lee College in Texas offer postsecondary courses
to incarcerated students who can pay for their own tuition
either outright or with the assistance of scholarships and grants.
Jackson College, Prison Education Initiative, “Paying for College,”
https://perma.cc/9XAD-5FAL; and Lee College, “Student Financial
Aid (LHSC), https://perma.cc/57FQ-WEWQ. Other institutions
rely on philanthropic support to fund programming. L.S. Hall, “In
a Major Grant, More Evidence that Prison Education Programs
are Gaining Steam,” Inside Philanthropy, October 16, 2015,
https://perma.cc/S8BW-Y9QW.

7	

Davis, Steele, Bozick et al., How Effective is Correctional Education,
2014, 61.

8	

One study estimates that there are 202 higher education institutions
providing credit-bearing courses in at least one prison. Erin L. Castro,
Rebecca K. Hunger, Tara Hardison, and Vanessa Johnson-Ojeda, “The
Landscape of Postsecondary Education in Prison and the Influence
of Second Chance Pell: An Analysis of Transferability, Credit-Bearing
Status, and Accreditation,” Prison Journal 98, no. 4 (2018), 10. With
increased access to funding this number likely would be higher. For
example, 200 colleges applied to the U.S. Department of Education’s
experimental initiative to pilot funding for postsecondary education
programs in prisons using Pell Grants. Delaney, Subramanian, and
Patrick, Making the Grade, 2016, 5.

9	

More than 70 percent of people in prison would like to enroll in
an educational attainment program and, of those, 82 percent
are interested in postsecondary education. U.S. Department of
Education, “Highlights from the U.S. PIAAC Survey of Incarcerated
Adults: Their Skills, Work Experience, Education, and Training,”
November 2016, https://perma.cc/9LXVHMR9, 27-28.

10	 Ruth Delaney, Ram Subramanian, Alison Shames, and Nicholas
Turner, Reimagining Prison (New York: Vera Institute of Justice,
2018), 42-43, https://perma.cc/HW6B-7VNT.
11	 Pub. L. 89-329 (89th Congress), codified at 20 U.S.C. §§ 28 et seq.
(since amended and reauthorized).
12	 Allen J. Beck and Darrell K. Gilliard, Prisoners in 1994
(Washington, DC: Bureau of Justice Assistance, 1995), 1,
https://perma.cc/4K5R-PFCU; and Linda G. Morra, “Pell Grants for
Prison Inmates,” letter to Senator Harris Wofford, August 5, 1994.
13	 See generally Patrick Oakford, Cara Brumfield, Casey Goldvale
et al., Investing in Futures: Economic and Fiscal Benefits of
Postsecondary Education in Prison (New York: Georgetown Center on
Poverty and Inequality and Vera Institute of Justice, 2019), 14, https://
perma.cc/EDM9-EFDY; and GAO, Federal Student Aid, 2019, 20-21.
14	 U.S. Department of Education, "Answering Your Frequently
Asked Questions About Second Chance Pell," 2019,

https://perma.cc/U29R-E47J.
15	 U.S. Department of Education, “12,000 Incarcerated Students
to Enroll in Postsecondary Educational and Training Programs
Through Education Department’s New Second Chance Pell Pilot
Program,” press release (Washington, DC: U.S. Department of
Education, June 24, 2016), https://perma.cc/4S4N-EC4B.
16	 Raul Arambula and Leslie LeBlanc, 2018 Report Incarcerated
Students: Encouraging Results from Pilot Program (San Rafael,
CA: California Community Colleges Chancellor’s Office, 2019), 12,
https://perma.cc/XQV5-6Z5Y.

Policy, 2005), https://perma.cc/ZAG9-9XMC; Daniel Karpowitz
and Max Kenner, Education as Crime Prevention: The Case
for Reinstating Pell Grant Eligibility for the Incarcerated (New
York: Bard Prison Initiative, 1995), https://perma.cc/62JD-SDAA;
Institute for Higher Education Policy (IHEP), IHEP Priorities for
Higher Education Act Reauthorization (Washington, DC: IHEP,
2019), https://perma.cc/8CH2-AAQX; Jonathan E. Messemer,
“College Programs for Inmates: The Post-Pell Grant Era,” Journal
of Correctional Education 54, no. 1 (2003), 31-39; and Charles A.B.
Ubah, “Abolition of Pell Grants for Higher Education of Prisoners,”
Journal of Offender Rehabilitation 39, no. 2 (2004), 73-85.
23	 Sallie Mae, How America Pays for College, 2018, 2.

17	 Rampey, Keiper, Mohadjer et al., Highlights from the U.S. PIAAC
Study, 2014, 27-28.
18	 BJS estimates that 69.4 percent of men and 52.5 percent of
women who are incarcerated self-identify as “non-white,”
including people who are black, Latino, American Indian,
Asian, Pacific Islander or of two or more races. E. Ann Carson,
Prisoners in 2016, 2018, 7. Comparatively, the majority of college
students in the United States are white: 54 percent of all students
enrolled in 2015 identified as white/Caucasian. Thomas Snyder,
Cristobal de Brey, and Sally Dillow, Digest of Education Statistics
2016 (Washington, DC: National Center for Education Statistics,
2018), 455, https://perma.cc/A5CH-MEAW. Studies show that one
in 10 boys from low-income homes will be incarcerated at age 30.
Adam Looney and Nicholas Turner, Work and Opportunity Before
and After Incarceration (Washington, DC: Brookings Institution,
2018), 2, https://www.brookings.edu/wpcontent/uploads/2018/03/
es_20180314_looneyincarceration_final.pdf. The average wage
paid to incarcerated people working in state-run “correctional”
jobs in 2017 was $1.41/hour; for noncorrectional jobs the average
drops to $0.63. Wendy Sawyer, “How Much Do Incarcerated
People Earn in Each State?” Prison Policy Initiative, April 10, 2017,
https://perma.cc/92VL-KCBB.
19	 Sallie Mae, How America Pays for College 2018 (Newark, DE: Sallie
Mae & Ipsos, 2018), 2-4, https://perma.cc/4DHT-DXY9.
20	 The median income of incarcerated individuals prior to entering
prison is 41 percent less than nonincarcerated individuals
of a similar age. Bernadette Rabuy and Daniel Kopf, Prisons
of Poverty: Uncovering the Pre-Incarceration Incomes of the
Imprisoned (Northampton, MA: Prison Policy Initiative, 2015),
https://perma.cc/53P7-RKQY.
21	 U.S. Department of Education, Federal Student Aid, Federal
Student Aid for Students in Adult Correctional and Juvenile
Justice Facilities (Washington, DC: Federal Student Aid, 2019),
https://perma.cc/KVF2-JUS5. At least two states, Illinois and Texas,
allow incarcerated students to accumulate a limited amount
of debt to finance education while incarcerated. See Technical
Appendix, http://www.vera.org/a-piece-of-the-puzzle-appendix.
22	 See for example GAO, Actions Needed to Evaluate Pell Grant,
2019; Wendy Erisman and James Bayer Contardo, Learning
to Reduce Recidivism: A 50-State Analysis of Postsecondary
Education Policy (Washington, DC: Institute for Higher Education

24	 Looney and Turner, Work and Opportunity Before and After
Incarceration, 2018, 13-16. Prior to incarceration, 72 percent of
incarcerated women and 57 percent of incarcerated men had
an annual income below $22,500. Rabuy and Kopf, Prisons of
Poverty, 2015.
25	 Sawyer, “How Much Do Incarcerated People Earn?” 2017.
26	 Federal financial aid is based on financial need calculated as
the difference between the cost of attendance and the student’s
estimated family contribution (EFC). Students’ EFC is calculated
based on their (and their families’, if dependent) taxed and
untaxed income, assets, benefits, and family size, as well as the
number of family members attending college or career school
during the school year. Families with an income under $26,000
are given an automatic EFC of zero, while families earning below
$49,999 are eligible for a simplified EFC calculation. Twenty-four
percent of incarcerated men are from single-parent families
with a household income of less than $23,000 per year, making
them automatically eligible for the maximum federal Pell Grant
award; another 10 percent, from single-parent households earning
$23,000-$33,000 per year, are almost certainly eligible for the
maximum award. For calculation of need, see U.S. Department
of Education, The EFC Formula, 2019-20 (Washington, DC: U.S.
Department of Education, 2018), https://perma.cc/Y4TS-BRAM.
For average household income of incarcerated men, see Looney
and Turner, Work and Opportunity, 2018, 13.
27	 Looney and Turner, Work and Opportunity, 2018, 14. See also
generally Bruce Western and Becky Pettit, Collateral Costs:
Incarceration’s Effect on Economic Mobility (Washington, DC: Pew
Charitable Trusts, 2010), https://perma.cc/LY2S-T36S.
28	 Vera estimates that reinstating Pell Grant access would increase
employment rates of students who participated in postsecondary
education while incarcerated by 10 percent. Oakford, Brumfield,
Goldvale et al., Investing in Futures, 2019, 2.
29	 Anthony P. Carnevale, Nicole Smith, and Jeff Strohl, Recovery: Job
Growth and Education Requirements through 2020 (Washington,
DC: Georgetown Center on Education and the Workforce, 2014), 15,
https://perma.cc/2877-RVDH.
30	 Correctional Association of New York, Education from the Inside,
Out, 2009; and Conway and Jones, Seven Out of Ten? 2015, 10-14.

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

24

31	 See for example Alexia Elejalde-Ruiz and Lisa Schencker,
“Second Chances: Employers More Open to Hiring People with
Criminal Backgrounds,” Chicago Tribune, September 8, 2018,
https://perma.cc/CQN5-8SPG; Gretchen Frazee, “Low Unemployment
Means a Criminal Record is Less of a Hurdle,” PBS, September 6, 2018,
https://perma.cc/4EER-HDLK; and Charisse Jones, “Got a Criminal
Record? Will Hire: Businesses Pledge to Give Formerly Incarcerated a
Chance,” USA Today, March 19, 2019, https://perma.cc/5S6U-H2GM.
32	 See note 18.

44	 Compare N.Y. Educ. Law § 661(6)(d) (specifying that students
“incarcerated in a federal, state, or other penal institution” are not
eligible for state financial aid programs) with language in other
statutes such as Mich. Comp. Laws § 390.993 (2017) (requiring
that student applicants are “not incarcerated in a corrections
institution”); and N.J. Stat. Ann. § 18A:71B-2 (2017) (barring “A person
who is incarcerated,” from state financial aid programs). For a full
list of the states that have statutory bars to aid for incarcerated
students and the statutes barring them, see the Technical Appendix
to this report.

33	 See Tennessee Board of Regents, “Governor’s Drive to 55,”
https://perma.cc/628X-AH5W; Detroit Regional Chamber,
“Detroit Drives Degrees,” https://perma.cc/T8HB-B9YX; and
Lumina Foundation, Statewide Education Attainment Goals:
A Case Study (Indianapolis, IN: Lumina Foundation, 2018),
https://perma.cc/E5RC-KTPB.

45	 U.S. Department of Education, Federal Student Aid, Federal Student
Aid Eligibility, 2019.

34	 Lumina Foundation, Statewide Education Attainment Goals, 2018, 7.
Arizona’s goal does not include two-year degrees.

48	 Ibid.

46	 See Technical Appendix.
47	 Ibid.

49	 Ibid.
35	 For example, Sinclair College reports a 92 percent completion
rate for its incarcerated students. Ashley A. Smith, “Momentum
for Prison Education,” Inside Higher Ed, November 16, 2018,
https://perma.cc/AY23-D2RQ. The Renewing Communities
program in California also reports that incarcerated students
consistently outperform their peers in the community. Arambula
and LeBlanc, Incarcerated Students, 2019, 15.
36	 Another analysis found that correctional education was associated
with a 43 percent lower recidivism rate. Lois M. Davis, Robert Bozick,
Jennifer L. Steele et al., Evaluating the Effectiveness of Correctional
Education: A Meta-Analysis of Programs That Provide Education to
Incarcerated Adults (Santa Monica, CA: RAND Corporation, 2013),
https://perma.cc/CQ8N-DR7T.
37	 U.S. Department of Justice, Office of Justice Programs, National
Institute of Justice, “Corrections & Reentry: Inmate Programs and
Treatment,” https://perma.cc/LFC3-Y8J6.
38	 Laura E. Gorgol and Brian A. Sponsler, Issue Brief: Unlocking
Potential—Results of a National Survey of Postsecondary Education
in State Prisons (Washington, DC: Institute for Higher Education
Policy, 2011), 15, https://perma.cc/MJB5-Z7QB.
39	 U.S. Department of Education, Federal Student Aid, Federal Student
Aid Handbook, 2018-2019 (Washington, DC: U.S. Department of
Justice, 2019) ch. 1, https://perma.cc/Z2EC-YBA5.

50	 Ibid. Louisiana excludes misdemeanor traffic offenses from the list
of convictions barring students from receiving financial aid.
51	 Ibid. Title IV of the Higher Education Act is codified at 20 U.S.C. §§
1070 et seq.
52	 Ohio Rev. Code § 3333.38. See also Ohio University, “Convictions
for Certain Riot-Related and Sexual Assault Offenses (Ohio House
Bill 95),” https://perma.cc/GZS2-4A9X.
53	 20 U.S.C. §§ 1001 et seq.
54	 20 U.S.C. § 1070b-2; 20 U.S.C. §1091(a); and U.S. Department of
Education, Federal Student Aid, Federal Student Aid Eligibility, 2019.
55	 See Technical Appendix.
56	 Massachusetts Office of Student Financial Assistance, Student
Financial Assistance Attestation Guide (Revere, MA: Massachusetts
Office of Student Financial Assistance, 2015), 19, https://www.mass.
edu/osfa/documents/publications/2015/2015-2016%20Audit%20
Guide%205th%20Edition-rev%20063015.pdf.
57	 For example, the Kansas Board of Regents is established by Kan.
Stat. Ann. § 74-3202a (2018) and administers state financial aid
programs as authorized by Kan. Stat. Ann. §§ 74-3201a, 743202c(b), 74-3233, and 74-3234 (2018).

40	 See Technical Appendix.
41	 Ky. Rev. Stat. § 164.767 (2018).

58	 Phone call between the authors and the Rhode Island Student Loan
Authority, February 22, 2019.

42	 Meredith Kolodner, “Eligible for Financial Aid, Nearly a Million
Students Never Get It,” Hechinger Report, May 23, 2018,
https://perma.cc/WVS7-SP74.

59	 Community College of Rhode Island, “Available Types of Aid,”
https://perma.cc/8GDF-HUMR; and Rhode Island College,
“Financial Aid Programs,” https://perma.cc/9Y82-SHE8.

43	 See Technical Appendix.

60	 For example, the Montana University System Honor Scholarship
requires students to have been enrolled full-time in high school

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during the previous three years and attend college the semester
following receipt of a high school diploma. Students must also
perform at least eight hours of community service. Montana Board
of Regents of Higher Education, Policy 501.1—Montana University
System, Honor Scholarships (adopted October 28, 1977; rev. Dec. 15,
2012), https://perma.cc/XKM8-C3A7.
61	 More than a third of black men who do not complete high
school will spend time in prison, as well as 12 percent of white
men, and 7 percent of Latino men. Bruce Western and Becky
Pettit, Collateral Consequences: Incarceration’s Effect on
Economic Mobility (Washington, DC: Pew Charitable Trusts), 8,
https://perma.cc/B4FZ-EABV.
62	 Some state statutes simply empower individual public colleges and
universities to define residency. See for example Md. Regs. Code §
13B.07.02.03(A)(1) (2018).
63	 For example, to receive in-state tuition in Tennessee, students
must reside in the state for one year and, in Alaska, students
must continuously reside in the state for two years, before
enrolling in school. Tenn. Code Ann. § 49-8-104(b) (2017);
and Alaska Regents Board, Regent’s Policy 05.10.025 (2017),
https://perma.cc/G2D5-VANE.
64	 See for example State Council of Higher Education for Virginia
(SCHEV), Domicile Guidelines (Richmond, VA: SCHEV, 2018),
https://perma.cc/69Q7-N7LZ; Colorado Department of Higher
Education (CDHE), Higher Education Classification Guidelines
(Denver, CO: CDHE, 2018), § 2.4, https://perma.cc/6RQW-WHLQ;
and Massachusetts Board of Higher Education (MBHE), Residency
Status for Tuition Classification Purposes (Boston, MA: MBHE,
2008), https://www.mass.edu/bhe/lib/documents/2008-11-12Reside
ncyStatuswithFormandDocuments.pdf.
65	 One state, Colorado, has a streamlined the residency process for
incarcerated students, greatly reducing the administrative burden
of class registration for students and college staff. The state does
not preclude incarcerated persons from establishing “permanence”
in the state, just as someone in the community who rents a home
can be considered a permanent resident. An incarcerated student’s
statement that she or he intends to reside in Colorado is considered
acceptable proof of residency unless there is evidence to contradict
the student’s statement. CDHE, Classification Guidelines, 2018.
66	 “Financial Aid for Students: How Do I Apply?” USA.gov,
https://perma.cc/9QL5-CVEU.
67	 The remaining 19 percent of applications are submitted
electronically by financial aid administrators or through other
electronic sources. U.S. Department of Education, Federal Student
Aid, “FAFSA® Data by Postsecondary School and State of Legal
Residence,” database (Washington, DC: U.S. Department of
Education, 2019), https://studentaid.ed.gov/sa/about/data-center/
student/application-volume/fafsa-school-state.
68	 Michelle Tolbert, Jordan Hudson, and Heather Claussen Erwin,
Educational Technology in Corrections 2015, (Washington, DC: U.S.
Department of Education, 2015), 5-6, https://perma.cc/8QKK-TFNC.

69	 U.S. Selective Service System, “Other Legislations by States,
Territories, and the District of Columbia,” https://www.sss.gov/
Registration/State-Commonwealth-Legislation/Other-Legislations.
70	 The U.S. Department of Education specifically grants educational
institutions awarding financial aid to make the final decision
regarding eligibility of students who failed to register for the
Selective Service by age 26. U.S. Department of Education,
Federal Student Aid, Federal Student Aid Handbook, 2019, ch. 5,
https://perma.cc/FV7F-5794.
71	 GAO, Actions Needed to Evaluate Pell Grant, 2019, 17.
72	 See for example the eligibility requirements for state financial
aid in Florida and New Jersey. Florida Department of Education
– Office of Student Financial Assistance, “2018-19 Fact Sheet:
Access to Better Learning and Education Grant Program,”
https://perma.cc/7NMZ-LBDZ; and New Jersey Higher Education
Student Assistance Authority, “Tuition Aid Grant, 2019,”
https://perma.cc/BC58-G7FG.
73	 U.S. Department of Education, Federal Student Aid for Students in
Adult Correctional and Juvenile Justice Facilities, 2019.
74	 Tolbert, Hudson, and Erwin, Educational Technology in Corrections
2015, 2015, 5-6.
75	 Erica L. Green, “Senate Leaders Reconsider Ban on Pell Grants for
Prisoners,” New York Times, February 15, 2018, https://www.nytimes.
com/2018/02/15/us/politics/pell-grants-prisoners.html; and Office
of Senator Brian Schatz (D-HI), “Schatz, Lee, Durban Introduce
Bi-partisan Legislation to Restore Educational Opportunities for
Those Incarcerated and Improve Public Safety,” press release
(Washington, DC: Office of Senator Brian Schatz, April 9, 2019,
https://perma.cc/S7QA-98NY.
76	 Davis, Steele, Bozick et al., How Effective Is Correctional Education,
2014, 61.

Call-out box endnotes
"Why invest in state funding for postsecondary education in prison now?" p. 4
a	 Patrick Oakford, Cara Brumfield, Casey Goldvale et al., Investing in
Futures: Economic and Fiscal Benefits of Postsecondary Education in
Prison (New York: Georgetown Center on Poverty and Inequality and
Vera Institute of Justice, 2019), 14, https://perma.cc/EDM9-EFDY.
b	

Lois Davis, Robert Bozick, Jennifer Steele et al., Evaluating the
Effectiveness of Correctional Education: A Meta-Analysis of Programs
that Provide Education to Incarcerated Adults (Santa Monica, CA:
RAND Corporation, 2013), xviii-xix, https://perma.cc/YU2J-FA6F.

c	

Oakford, Brumfield, Goldvale et al., Investing in Futures, 2019, 2.

d	

See generally Anthony P. Carnevale, Jeff Strohl, Neil Ridley,

A Piece of the Puzzle: State Financial Aid for Incarcerated Students

26

and Artem Gulish, Three Educational Pathways to Good Jobs
(Washington, DC: Georgetown University Center on Education
and the Workforce, 2018), https://perma.cc/4HPV-5FK6. For the
definition of “good jobs” see ibid., note 1.
e	

f	

Robert Bozick, Jennifer Steele, Lois Davis, and Susan Turner, “Does
Providing Inmates with Education Improve Postrelease Outcomes?
A Meta-Analysis of Correctional Education Programs in the United
States.” Journal of Experimental Criminology 14, no. 3 (2018), 389428, https://perma.cc/7EET-C2ZW.

j	

U.S. Department of Education, Education and Training Vouchers
for Current and Former Foster Care Youth (Washington, DC: U.S.
Department of Education, 2015), https://perma.cc/2E2T-KDX9.

k	

Ibid.

Amanda Pompoco, John Woolredge, Melissa Lugo et al.,
“Reducing Inmate Misconduct and Prison Returns with Facility
Education Programs,” Criminology & Public Policy 16, no. 2 (2017),
https://perma.cc/9MKB-6SMR.

l	

Vera has had significant correspondence with state education
coordinators regarding opportunities for incarcerated students.
California: Shannon Swain, superintendent of education, California
Department of Corrections and Rehabilitation, November 28, 2018,
personal email; Missouri: Dr. Elizabeth Gassel Perkins, provost,
St. Louis Community College, December 13, 2018, personal email;
New Mexico: Brian Clark, superintendent of education, New
Mexico Corrections Department, November 18, 2018, personal
email; Oregon: Michael Budke, education coordinator, Chemeketa
Community College, February 1, 2019, interview by Brian Walsh;
Texas: Sara Bouse, Texas Department of Criminal Justice counselor,
Alvin Community College, November 28, 2018, personal email;
Wisconsin: Julie Ashlock, assistant dean, Milwaukee Area Technical
College, November 28, 2018, personal email.

"Additional state and federal financial aid and funding programs
with no barriers" p. 19
a	

students’ eligibility. Parker and Sarubbi, 50 State Review, 2017; Ky.
Rev. Stat. Ann. § 164.2847(2)(a) (2018) (barring students who have
been sentenced under the state’s youthful offender statute); and
W.Va. Code § 18B-10-7b (2018) (requiring Pell eligibility).

U.S. Department of Veterans Affairs, “How to Apply for the GI Bill
and Other Education Benefits,” https://perma.cc/4QZV-LSC9.

b	 Harry W. Colmery Veterans Educational Assistance Act of 2017,
Public Law 115-48 (2017) (Forever GI Bill). For a summary of the
Forever GI Bill, see U.S. Department of Veterans Affairs, “Forever
GI Bill - Harry W. Colmery Veterans Educational Assistance Act,”
https://perma.cc/7YNM-G4DX
c	

U.S. Department of Education, Federal Student Aid, “Work-Study
Jobs,” https://perma.cc/F2L9-L39G.

d	

FSEOG money is awarded directly to the school, rather than to the
student, and the school makes the award. If a school’s FSEOG funds
are exhausted, no more FSEOG money will be distributed. Federal
Student Aid, “FSEOG (Grants),” https://perma.cc/F27J-N2Z8.

e	

U.S. Department of Education, Federal Student Aid Eligibility for
Students Confined in Adult Correctional Facilities or Juvenile
Justice Facilities (Washington, DC: U.S. Department of Education,
2014), https://perma.cc/F27J-N2Z8.

f	

U.S. Department of Labor, Employment and Training
Administration, “Workforce Innovation & Opportunity Act,”
https://perma.cc/M3KV-P6KL.

g	

U.S. Department of Education, Office of Career, Technical and Adult
Education, “National Reporting System,” database (Washington,
DC: U.S. Department of Education), https://wdcrobcolp01.ed.gov/
CFAPPS/OVAE/NRS/main.cfm.

h	

Emily Parker and Molly Sarubbi, 50 State Review: Tuition Assistance
Programs for Foster Youth Pursuing Postsecondary Education
(Denver, CO: Education Commission of the States, 2017), https://
perma.cc/WP4K-H77X.

i	

All but five states include an upper age limit for these programs, and
may require students to attend a postsecondary institution full-time.
At least two states, Kentucky and West Virginia, have explicit barriers
in their state waiver programs that may limit some incarcerated

27

Vera Institute of Justice

Acknowledgments
The authors would like to thank the following individuals and organizations for their assistance in producing this report: Zal Shroff for completing
the first round of research that developed into this report; Clifford Chance
for providing essential pro bono assistance in completing the research,
especially Abigail Cessna, as well as Brian Concklin, Matthew Cramer,
Kimara Davis, Luciana de Lima Barata, Karleene Diaz, Amanda Gonzalez
Burton, Matt Klegon, Olya Kurilovich, Esther Lee, Max Lesser, Evan Pelz,
Carla Ruggero, and La'Tise Tangherlini; Bradley Custer and Rebecca Silbert
for their valuable feedback on the research; Mary Crowley, Adair Iacono,
and Fred Patrick for providing review and feedback; Cindy Reed and Maris
Mapolski for their assistance in developing and editing this report; Tim
Merrill for proofreading it; and Dan Redding for designing it.
This work was supported in part by a grant from the Clifford Chance
Foundation, Inc. and with generous support from the Michelson 20MM
Foundation.

About citations

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Credits

© Vera Institute of Justice 2019. All rights reserved.
An electronic version of this report is posted on Vera’s website at
www.vera.org/a-piece-of-the-puzzle.
Cover image: MediaNews Group/Orange County Register via Getty Images
The Vera Institute of Justice is a justice reform change agent. Vera produces ideas,
analysis, and research that inspire change in the systems people rely upon for safety and
justice, and works in close partnership with government and civic leaders to implement
it. Vera is currently pursuing core priorities of ending the misuse of jails, transforming
conditions of confinement, and ensuring that justice systems more effectively serve
America’s increasingly diverse communities. For more information, visit www.vera.org.
For more information about this report, contact Ruth Delaney, program manager, at
rdelaney@vera.org.

Suggested citation

Lauren Hobby, Brian Walsh, and Ruth Delaney. A Piece of the Puzzle: State Financial
Aid for Incarcerated Students. New York: Vera Institute of Justice, 2019.

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