At least 95% of people who are incarcerated will eventually be released. Many will leave custody without access to postsecondary education and training that could help them successfully transition back into their communities. However, this year saw a flurry of legislative activity to support postsecondary education and training for people who are incarcerated and may spark inspiration for states interested in doing the same.
In 2024, we’ve tracked more than 100 bills in 33 states related to education access for people who are incarcerated — 21 of which have been enacted. Below, we highlight examples of enacted legislation in three trending categories.
Access
Several states enacted legislation this year that seek to expand access to education opportunities to students in carceral settings. For example:
Connecticut’s H.B. 5523 requires the office of policy and management to perform needs assessments of facilities, materials and staffing required to deliver postsecondary education programs in correctional facilities. The assessment must include:
- Feedback from higher education providers.
- An analysis of the department of correction’s policies.
- An estimate of the level of unmet education demand.
- An inventory of facilities’ learning spaces, staffing, and materials and technology.
- A cost analysis of supports needed to meet unmet demand.
- A survey of current and former students.
Utah H.B. 248 makes substantive changes related to postsecondary education in correctional facilities. Here are a few highlights:
- The Utah Higher Education and Corrections Council facilitate postsecondary education for people in county jails in addition to state correctional facilities.
- Degree-granting providers in correctional facilities to provide academic and career advising similar to services provided to students who are not incarcerated.
- Higher education institutions to consider people who are incarcerated state residents for tuition purposes.
- Case managers ensure that necessary personal assessments are completed, referrals to student advisors are made, and that interests, aptitudes and student advisement are incorporated into education plans.
- The department of corrections makes its best effort to ensure that when a person is transferred within or between correctional facilities, they can continue all uncompleted programs without requiring them to restart or join a waiting list.
Financial Aid
While the FAFSA Simplification Act restored federal Pell Grant eligibility for students in carceral settings, they often don’t cover the full cost of attendance. State financial aid programs may help fill in gaps though they are sometimes unavailable to students who are incarcerated. Some states have enacted legislation removing some of these barriers. In the 2024 legislative session, Oklahoma’s S.B. 11 removed the provision that prohibited individuals who are incarcerated from receiving tuition aid. They may qualify if they are within five years of their scheduled release date and are not enrolled in virtual learning programs.
Task Forces
Many states considered legislation on task forces to assess various aspects of education programs. For example, Louisiana’s H.R. 12 continued its 2023 task force to study academic and vocational education programs within the state’s prisons and jails. The task force is required to examine and report on the range of programs available, enrollment numbers, program durations and waitlists. It will evaluate program effectiveness by reviewing credentials earned (e.g., GEDs and vocational certifications) as well as the transferability of postsecondary credits. It will also assess the qualifications and stability of program instructors and identify barriers to participation, namely restrictions tied to conviction type, sentence length, or gender. Additionally, the task force must assess post-release outcomes, including whether individuals continue their education, obtain certifications or secure employment.
A Multifaceted Approach
Maryland tackled all three issues during its 2024 legislative session. H.B. 92 and S.B. 620, together referred to as the Resources and Education for All Prisons (REAP) Act, amend the responsibilities of the department of public safety and correctional higher education services regarding individuals who are incarcerated and higher education. It requires the department to assist students in accessing Pell Grants for postsecondary education. It also mandates establishing specific goals for the number of individuals participating in higher education programs in carceral settings, developing tracking systems to monitor progress, and submitting related data to the Maryland Higher Education Commission.
The state also enacted several measures to establish task forces and commissions focused on improving reentry services and prison education systems. S.B. 1036 creates a task force that will study and recommend strategies to enhance reentry services for formerly incarcerated individuals. Additionally, S.B. 623 and H.B. 209 establish the Prison Education Delivery Reform Commission that’s tasked with developing recommendations on education in the criminal justice system.
In 2025, we anticipate that state policymakers will explore more ways to make education opportunities available to people who are incarcerated to improve odds of finding and sustaining employment, decreasing the likelihood of recidivism and increasing these learners’ level of hope.