1840-NEW Private Institutions Information PEP Final Rule 2022

1840-NEW – Affected Public – Private Institutions 9/30/2022

The Secretary publishes regulations for Federal Pell Grants (Pell Grants or Pell) for Prison Education Programs (PEPs), to implement the new statutory requirements in the Consolidated Appropriations Act, 2021, that amend the Higher Education Act of 1965, as amended (HEA), to establish Pell Grant eligibility for a confined or incarcerated individual enrolled in a PEP. These final regulations are a result of negotiated rulemaking and add new title IV regulations to Subpart P of 34 CFR Section 668.

The Consolidated Appropriations Act, 2021 added section 484(t) to the HEA to formally establish Pell Grant eligibility for confined or incarcerated individuals, as long as they are enrolled in a PEP as defined under the HEA.

This final collection will establish new regulations at 34 CFR 668.237 - Accreditation requirements. These final regulations prescribe program evaluation at the first two additional Prison Education Program (PEP) locations of a participating institution of higher education to ensure institutional ability to offer and implement the PEP in accordance with the accrediting agency’s standards. The regulations require the accrediting agency to conduct a site visit no later than one year after the institution has initiated a PEP at its first two additional locations at correctional facilities.

Additionally, the final regulations require accrediting agencies to review the methodology used by an institution in determining the PEP meets the same standards for substantially similar non-PEP programs offered at the institution.

Of the 54 currently recognized accrediting agencies, it is estimated that 18 accrediting agencies may be called upon to perform such required reviews for institutions under their oversight. It is estimated that each of these accrediting agencies will require 8 hours per institution to evaluate the written applications for the first two programs offered by PEP or any change in methodology review. With an estimated 400 institutions participating in the PEP program, accrediting agencies will require 3,200 hours to complete this initial review (400 institutions x 8 hours = 3,200 burden hours).

It is estimated that to perform the site visits as required under the final regulations will require an estimated 50 hours to prepare for, perform the site visit and report the findings. With an estimated 400 institutions participating in the PEP program, accrediting agencies will require 20,000 hours to complete this initial review (400 institutions x 50 hours = 20,000 burden hours).

It is estimated that to perform the methodology review as required under the final regulations will require an estimated 8 hours. With an estimated 400 institutions participating in the PEP program, accrediting agencies will require 3,200 hours to complete this initial review (400 institutions x 8 hours = 3,200 burden hours).

TOTALS

Respondents 18

Responses 12,000

Burden Hours 26,400