BOP Program Statement 5356.01 § 3

§544.73 Program participation.

(a) The Warden or designee shall assign to an education staff member the responsibility to

coordinate the institution's literacy program. Initially, staff shall meet with the inmate for the

purpose of enrolling the inmate in the literacy program. Subsequently, staff shall formally

interview each inmate involved in the literacy program when necessary for the purpose of

determining a progress assignment. Staff shall place documentation of these interviews in the

inmate's education file.

Ordinarily, the SOE has overall responsibility for the literacy program.

Literacy Class Schedules. Literacy classes, including special education classes, will be

scheduled Monday through Friday. Students enrolled in the literacy program must be scheduled

for class each weekday. Each literacy class session will meet a minimum of 90 minutes per day.

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When possible, literacy programs will operate during day watch programming hours. However,

evening literacy classes may be scheduled if, after consultation with the SOE, the Warden

determines evening classes are needed to reduce the waiting list or to expand program offerings.

To ensure literacy program fidelity and encourage direct classroom instruction, it is

recommended instructional staff do not provide weekend coverage or work compressed

schedules.

Education staff will refer to the ESB page of the Bureau’s intranet site for guidance regarding

literacy class schedules and the appropriate education transaction codes utilized for entry in the

applicable Bureau inmate management system.

(b)

(1) For the purposes of 18 U.S.C. 3624, an inmate subject to the Violent Crime Control and

Law Enforcement Act of 1994 (VCCLEA) or the Prison Litigation Reform Act of 1995

(PLRA) shall be deemed to be making satisfactory progress toward earning a GED credential

or high school diploma unless and until the inmate receives a progress assignment

confirming that:

(i) The inmate refuses to enroll in the literacy program;

(ii) The inmate has been found to have committed a prohibited act that occurred in a

literacy program during the last 240 instructional hours of the inmate's most recent

enrollment in the literacy program; or

(iii) The inmate has withdrawn from the literacy program.

(2) When an inmate subject to VCCLEA or PLRA receives a progress assignment indicating

that the inmate is not making satisfactory progress, the assignment shall be changed to

indicate satisfactory progress only after the inmate is currently and continuously enrolled in a

literacy program for a minimum of 240 instructional hours. Any further withdrawal or

finding that the inmate has committed a prohibited act in a literacy program during the last

240 instructional hours of the inmate's most recent enrollment in the literacy program shall

result in a progress assignment indicating that the inmate is again not making satisfactory

progress (see paragraphs (b)(1)(ii) and (iii) of this section).

VCCLEA requires inmates to participate and make satisfactory progress in the literacy program

to vest earned Good Conduct Time (GCT) if they committed their offenses on or after September

13, 1994, but before April 26, 1996, and do not have a GED or high school diploma credential.

PLRA requires the Bureau to consider whether inmates earned, or are making satisfactory

progress towards earning, a GED credential before awarding GCT.

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Deportable aliens sentenced under VCCLEA or PLRA who do not have a verified high school

diploma or GED credential must follow the satisfactory progress provision of these laws to vest

their earned GCT or be eligible for the maximum amount of GCT unless they are subject a final

order of removal, deportation or exclusion in accordance in Program Statement Good Conduct

Time Under the Prison Litigation Reform Act.

Education staff must include the VCCLEA and PLRA requirements in the Education Admission

and Orientation (A&O) lecture and the Education Handbook. The Education Handbook will be

distributed to all newly designated inmates.

Education staff will refer to the ESB page of the Bureau’s intranet site for guidance regarding the

appropriate education transaction codes utilized for documentation of VCCLEA and PLRA

progress assignments.

Inmates may need to be placed in the English as a Second Language (ESL) program in lieu of the

literacy program for instructional, programming, or administrative reasons.

(c) At the end of 240 instructional hours, excluding sick time, furloughs, or other absences from

scheduled classes, the unit team during scheduled program review sessions shall meet with the

inmate to encourage continued participation in the literacy program until the inmate earns a GED

credential or high school diploma. At these meetings, the inmate may elect not to continue in the

literacy program, and no disciplinary action will be taken. The inmate may not discontinue this

program when participation is mandated by statute.

The SOE or designee will review an inmate’s progress every time the inmate completes 240

instructional hours in the literacy program. Any time the inmate is absent from class does not

count toward the 240 instructional hours. The SOE or designee will record the 240 instructional

hours in the applicable Bureau inmate management system. Education staff will refer to the ESB

page of the Bureau’s intranet site for guidance regarding these reviews and the appropriate

education transaction codes.

Instructional hours accrued from previous enrollment in other Bureau facilities, including

privately managed facilities, can be credited toward the required 240 instructional hours if the

interruption in enrollment is due to reasons beyond the inmate’s control (e.g., transfer between

federal correctional facilities, appearance in court). Inmates who previously participated in the

literacy program, were released, and are resentenced to Bureau custody must earn 240 more

instructional hours in the literacy program. Attendance hours from previous sentences are not

credited.

Testing Out. After enrollment, an inmate may test out of the literacy program before completing

240 instructional hours if the classroom teacher refers an inmate for a GED certification test and

the inmate passes the test.

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Voluntary Program Withdrawal. An inmate may request to opt out of the literacy program

after 240 instructional hours. Inmates may request withdrawal from the literacy program in

person or via the electronic Request to Staff Service, in accordance with the Program Statement

Inmate Request to Staff. Education staff will calculate program hours and after obtaining

approval and signature from the inmate’s respective classroom teacher, Unit Manager, and SOE,

the inmate may be dropped from the program. The inmate will be counseled of any potential

impacts to GCT, First Step Act Time Credits, and other loss of incentives prior to program

withdrawal. This counseling will be documented as directed on the ESB page of the Bureau’s

intranet site. If an inmate does not earn a GED credential within 240 instructional hours, the

literacy coordinator should strongly encourage the inmate to continue in the literacy program.

Involuntary Program Withdrawals.

■ Transfers. An inmate who transfers to another institution before completing the mandatory

240 instructional hours will complete the remaining instructional hours at the new institution

as resources allow. Time spent in transfer status or preparing for transfer where in-person

instructional hours are not attended does not count toward the mandatory 240-hour period.

Restrictive Housing Placement. An inmate who has been placed in restrictive housing, such

as the Special Housing Unit, for more than 30 days may be withdrawn from the formal

literacy program. This inmate’s status should be monitored and the inmate should be

reenrolled as soon as practical once no longer in a restrictive housing unit.