BOP Program Statement 5351.01 § 3

(a) All Federal prisoners who have limited English proficiency skills shall attend an ESL

program except:

(1) Pretrial inmates;

Institutions will refer to the Program Statement Pretrial Inmates for guidance regarding pretrial

inmate participation and access to education programs.

(2) Inmates committed for purpose of study and observation under the provisions of 18

U.S.C. 4205(c) or, effective November 1, 1987, 18 U.S.C. 3552(b);

(3) Sentenced aliens with a deportation detainer;

Sentenced deportable aliens are not mandated to participate in the ESL program if they

are assigned a Public Safety Factor “H” status of “Alien” or are under a final order of

deportation, exclusion or removal legally enforceable by the Bureau of Immigration and

Customs Enforcement (ICE). See the Program Statement Inmate Security Designation and

Custody Classification for more information about Public Safety Factor “H” status of “Alien.”

The above exceptions in Section 3 of this program statement and in § 544.41(a)(1), for pretrial

inmates, (2) for inmates committed for study and observation, and (3) sentenced deportable

aliens are “direct policy exceptions” and no other approval authority is required.

(4) Other inmates whom, for documented good cause, the Warden may excuse from

attending the ESL program.

The Warden may excuse other inmates for documented good cause. Good cause excuses

will be limited to reasons which are deemed by the Warden to be outside of the inmate’s

control, or which affect the orderly running of the institution.

(b) Staff shall document in the inmate's education file the specific reasons for not requiring the

inmate to participate in the ESL program.

Except for direct policy exceptions, the Warden will not delegate ESL program exception

authority below the Associate Warden level. The exception justification will be documented in

the applicable Bureau inmate management system in accordance with the guidance provided on

the ESB page of the Bureau’s intranet site.

Inmates not required to enroll in the mandatory ESL program may participate if they choose

to and with the SOE’s approval. If classroom space and resources are limited, priority

enrollment will be given to mandatory inmates.