Students with Intellectual Disabilities - Public Institutions

§ 668.232

34 CFR Ch. VI (7–1–24 Edition)

(iii) Taking non-credit-bearing, nondegree courses with students without
disabilities.
(iv) Participating in internships or
work-based training in settings with
individuals without disabilities; and
(6) Provides students with intellectual disabilities opportunities to participate in coursework and other activities with students without disabilities.
(b) Student with an intellectual disability means a student—
(1) With a cognitive impairment
characterized by significant limitations in—
(i) Intellectual and cognitive functioning; and
(ii) Adaptive behavior as expressed in
conceptual, social, and practical adaptive skills; and
(2) Who is currently, or was formerly,
eligible for special education and related services under the Individuals
with Disabilities Education Act (IDEA)
(20 U.S.C. 1401), including a student
who was determined eligible for special
education or related services under the
IDEA but was home-schooled or attended private school.

skersey on DSK4WB1RN3PROD with CFR

[74 FR 55947, Oct. 29, 2009, as amended at 82
FR 31913, July 11, 2017]

§ 668.232 Program eligibility.
An institution that offers a comprehensive transition and postsecondary program must apply to the Secretary to have the program determined
to be an eligible program. The institution applies under the provisions in 34
CFR 600.20 for adding an educational
program, and must include in its application—
(a) A detailed description of the comprehensive transition and postsecondary program that addresses all of
the components of the program, as defined in § 668.231;
(b) The institution’s policy for determining whether a student enrolled in
the program is making satisfactory
academic progress;
(c) The number of weeks of instructional time and the number of semester
or quarter credit hours or clock hours
in the program, including the equivalent credit or clock hours associated
with noncredit or reduced credit
courses or activities;

(d) A description of the educational
credential offered (e.g., degree or certificate) or identified outcome or outcomes established by the institution
for all students enrolled in the program;
(e) A copy of the letter or notice sent
to the institution’s accrediting agency
informing the agency of its comprehensive transition and postsecondary program. The letter or notice must include a description of the items in
paragraphs (a) through (d) of this section; and
(f) Any other information the Secretary may require.
(Approved by the Office of Management and
Budget under control number 1845–NEW4)
(Authority: 20 U.S.C. 1091)

§ 668.233

Student eligibility.

A student with an intellectual disability is eligible to receive Federal
Pell, FSEOG, and FWS program assistance under this subpart if—
(a) The student satisfies the general
student eligibility requirements under
§ 668.32, except for the requirements in
paragraphs (a), (e), and (f) of that section. With regard to these exceptions, a
student—
(1) Does not have to be enrolled for
the purpose of obtaining a degree or
certificate;
(2) Is not required to have a high
school diploma, a recognized equivalent of a high school diploma, or have
passed an ability to benefit test; and
(3) Is making satisfactory progress
according to the institution’s published
standards for students enrolled in its
comprehensive transition and postsecondary programs;
(b) The student is enrolled in a comprehensive transition and postsecondary program approved by the Secretary; and
(c) The institution obtains a record
from a local educational agency that
the student is or was eligible for special education and related services
under the IDEA. If that record does not
identify the student as having an intellectual disability, as described in paragraph (1) of the definition of a student
with an intellectual disability in
§ 668.231, the institution must also obtain documentation establishing that

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Ofc. of Postsecondary Educ., Education
the student has an intellectual disability, such as—
(1) A documented comprehensive and
individualized psycho-educational evaluation and diagnosis of an intellectual
disability by a psychologist or other
qualified professional; or
(2) A record of the disability from a
local or State educational agency, or
government agency, such as the Social
Security Administration or a vocational rehabilitation agency, that identifies the intellectual disability.
(Approved by the Office of Management and
Budget under control number 1845–NEW4)
(Authority: 20 U.S.C. 1091)

Subpart P—Prison Education
Programs
SOURCE: 87 FR 65495, Oct. 28, 2022, unless
otherwise noted.

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§ 668.234 Scope and purpose.
This subpart establishes regulations
that apply to an institution that offers
prison education programs to confined
or incarcerated individuals. A confined
or incarcerated individual enrolled in
an eligible prison education program is
eligible for Federal financial assistance
under the Federal Pell Grant program.
Unless provided in this subpart, confined or incarcerated individuals and
institutions that offer prison education
programs are subject to the same regulations and procedures that otherwise
apply to title IV, HEA program participants.
§ 668.235 Definitions.
The following definitions apply to
this subpart:
Additional location has the meaning
given in 34 CFR 600.2.
Advisory committee is a group established by the oversight entity that provides nonbinding feedback to the oversight entity regarding the approval and
operation of a prison education program within the oversight entity’s jurisdiction.
Confined or incarcerated individual has
the meaning given in 34 CFR 600.2.
Feedback process is the process developed by the oversight entity to gather
nonbinding input from relevant stakeholders regarding the approval and op-

§ 668.236
eration of a prison education program
within the oversight entity’s jurisdiction. A feedback process may include
an advisory committee.
Oversight entity means—
(1) The appropriate State department
of corrections or other entity that is
responsible for overseeing correctional
facilities; or
(2) The Federal Bureau of Prisons.
Relevant stakeholders are individuals
and organizations that provide input as
part of a feedback process to the oversight entity regarding the approval and
operation of a prison education program within the oversight entity’s jurisdiction. These stakeholders must include representatives of confined or incarcerated individuals, organizations
representing confined or incarcerated
individuals, State higher education executive offices, and accrediting agencies and may include additional stakeholders as determined by the oversight
entity.
§ 668.236 Eligible
program.

prison

education

(a) An eligible prison education program means an education or training
program that—
(1) Is an eligible program under § 668.8
offered by an institution of higher education as defined in 34 CFR 600.4, or a
postsecondary vocational institution
as defined in 34 CFR 600.6;
(2) Is offered by an eligible institution that has been approved to operate
in a correctional facility by the oversight entity;
(3) After an initial two-year approval,
is determined by the oversight entity
to be operating in the best interest of
students as described in § 668.241;
(4) Offers transferability of credits to
at least one institution of higher education (as defined in 34 CFR 600.4 and
600.6) in the State where the correctional facility is located, or, in the case
of a Federal correctional facility, in
the State where most of the individuals
confined or incarcerated individuals in
such facility will reside upon release as
determined by the institution based on
information provided by the oversight
entity;
(5) Is offered by an institution that
has not been subject, during the five

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