[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 25100-25101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11883]



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Part V





Department of Justice





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Bureau of Prisons



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28 CFR Part 544



Postsecondary Education Programs for Inmates; Final Rule

  Federal Register / Vol. 62, No. 88 / Wednesday, May 7, 1997 / Rules 
and Regulations  

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DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 544

[BOP-1035-F]
RIN 1120-AA35


Postsecondary Education Programs for Inmates

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons is revising its 
regulations on Postsecondary Education Programs for Inmates in order to 
clarify requirements for tuition funding sources and to make various 
administrative changes in the operation of the program. The intent of 
this regulation is to provide for the more efficient use of Bureau 
resources.

EFFECTIVE DATE: May 7, 1997.

ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its 
regulations on Postsecondary Education Programs for Inmates. A final 
rule on this subject was published in the Federal Register June 29, 
1979 (44 FR 38249).
    Existing regulations for Postsecondary Education Programs for 
Inmates allowed institutions the discretion to pay for the costs of 
college-level courses. The decision to provide payment in such cases 
depended upon Bureau resources, the availability of other sources of 
support, and a determination as to participation being an appropriate 
or a necessary component of the inmate's correctional program. In cases 
where participation was determined to be a necessary component of the 
inmate's correctional program, the institution was authorized to pay 
total costs for courses and related expenses; in cases where 
participation was determined to be an appropriate component of the 
inmate's correctional program, the institution was authorized to pay up 
to 50 percent of the costs for courses and related expenses.
    As revised, these provisions have been simplified to clarify those 
conditions under which the Bureau may pay for tuition. As revised, the 
provisions in new Sec. 544.23(d) specify that the Bureau may pay for 
tuition, as institution resources allow, if the inmate is unable to pay 
using personal funds or other sources, and that the course is part of a 
one year certificate or two year Associate Arts degree program directly 
related to preparation for a specific occupation/vocation. No 
distinction is made as to whether participation is necessary rather 
than merely appropriate.
    Additional changes include the following. Section 544.20 has been 
revised for the sake of conciseness. Provisions in that section 
defining ``postsecondary education programs'' (formerly described as 
``college-level courses'') have been transferred to a new Sec. 544.21. 
Provisions specifying that the Warden shall establish procedures for 
implementation of college-level courses have been redelegated to a 
postsecondary education coordinator in new Sec. 544.23 (a).
    New Sec. 544.22 specifies that inmates ordinarily shall be required 
to have a verified high school diploma or General Educational 
Development (GED) certificate prior to enrollment in a college-level 
(degree) program. This requirement conforms to normal existing 
enrollment requirements of the educational institutions which provide 
the coursework.
    New Sec. 544.23 contains procedures for the further operation of 
postsecondary education programs. Paragraph (a) specifies that the 
Warden or designee shall appoint a postsecondary education coordinator 
(ordinarily an education staff member) who shall be responsible for 
coordinating the institution's postsecondary education program. 
Paragraphs (b) and (c) provide procedures for unit team review and 
application. As noted above, paragraph (d) simplifies and consolidates 
the provisions of former Secs. 544.21 regarding funding sources for 
payment of tuition.
    Because this amendment imposes no new restrictions on inmates, the 
Bureau finds good cause for exempting the provisions of the 
Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, the opportunity for public comment, and delay in 
effective date. Members of the public may submit comments concerning 
this rule by writing to the previously cited address. These comments 
will be considered but will receive no response in the Federal 
Register.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly this rule was not reviewed by the Office of Management and 
Budget. After review of the law and regulations, the Director, Bureau 
of Prisons certifies that this rule, for the purpose of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), does not have a significant 
economic impact on a substantial number of small entities, within the 
meaning of the Act. Because this rule pertains to the correctional 
management of offenders committed to the custody of the Attorney 
General or the Director of the Bureau of Prisons, its economic impact 
is limited to the Bureau's appropriated funds.

List of Subjects in 28 CFR Part 544

    Prisoners.
Kathleen M. Hawk,
Director, Bureau of Prisons.

    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p), part 544 in subchapter C of 28 
CFR, chapter V is amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 544--EDUCATION

    1. The authority citation for 28 CFR part 544 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 
CFR 0.95-0.99.

    2. Subpart C, consisting of Secs. 544.20 through 544.21, is revised 
to consist of Secs. 544.20 through 544.23 to read as follows:

Subpart C--Postsecondary Education Programs for Inmates

Sec.
544.20  Purpose and scope.
544.21  Definition.
544.22  Enrollment requirements.
544.23  Procedures.

Subpart C--Postsecondary Education Programs for Inmates


Sec. 544.20  Purpose and scope.

    The Bureau of Prisons offers interested inmates the opportunity to 
participate in postsecondary education programs whenever staff 
recommends such enrollment to meet a correctional goal.


Sec. 544.21  Definition.

    The term postsecondary education programs as defined in this 
subpart shall include courses of study, including correspondence 
courses, provided by junior or community colleges, four-year colleges 
and

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universities, and postsecondary vocational or technical schools.


Sec. 544.22  Enrollment requirements.

    Inmates ordinarily shall be required to have a verified high school 
diploma or General Educational Development (GED) certificate prior to 
enrollment in a college-level (degree) program.


Sec. 544.23  Procedures.

    (a) The Warden or designee shall appoint a postsecondary education 
coordinator (ordinarily an education staff member) who shall have the 
responsibility for coordinating the institution's postsecondary 
education program.
    (b) An inmate who wishes to participate in a postsecondary 
education program must meet with his or her unit team to determine if 
such participation meets an appropriate correctional program goal.
    (c) If unit team staff agree that the inmate's participation meets 
an appropriate correctional goal, the inmate may apply through the 
postsecondary education coordinator.
    (d) The inmate is expected to pay the tuition from personal funds 
or other sources. If resources allow, the institution may pay the 
tuition if all of the following apply:
    (1) The inmate is unable to pay for the tuition from personal funds 
or other sources;
    (2) The course is directly related to preparation for a specific 
occupation/vocation;
    (3) The course is part of a one year certificate or a two year 
Associate Arts degree program.

[FR Doc. 97-11883 Filed 5-6-97; 8:45 am]
BILLING CODE 4410-05-P