BOP Program Statement 5356.01 § 5

(a) The following inmates are not required to attend the literacy program:

(1) Pretrial inmates;

Each institution will refer to the Program Statement Pretrial Inmates for guidance about

pretrial inmate participation and access to Education programs.

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

U.S.C. 4205(c), 4241(d), or, effective November 1, 1987, 18 U.S.C. 3552(b);

(3) Sentenced deportable aliens;

Sentenced deportable aliens do not need to participate in the literacy 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.”

Although sentenced deportable aliens are exempt from attending the literacy program for the

mandated 240 instructional hours, they are still subject to the satisfactory progress literacy

provision of the VCCLEA or the PLRA unless they are subject a final order of removal,

deportation or exclusion in accordance with Program Statement Good Conduct Time Under the

Prison Litigation Reform Act.

Excepted inmates who complete their deportation hearing and have been determined to be non-

deportable will be required to attend the literacy program for a minimum of 240 instructional

hours. Education staff will interview these inmates and inform them of the literacy participation

program requirement. Education staff will document this interview in the applicable Bureau

inmate management system.

Inmates who fall under the pretrial, study and observation, or deportable alien exceptions may

still choose to participate in the literacy program. Enrollment will be dependent upon resources

available and preference will be given to mandatory inmates.

The above exceptions in Section 5 of this program statement and in § 544.71(a)(1), for pretrial

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

aliens are “direct policy exemptions.”

(4) Inmates determined by staff to be temporarily unable to participate in the literacy

program due to special circumstances beyond their control (e.g., due to a medical condition,

transfer on writ, on a waiting list for initial placement). Such inmates, however, shall be

required to participate when the special circumstances are no longer applicable.

When an inmate has a medical or mental health condition, which prevents them from attending

the literacy program, they may request Health Services or Psychology Services staff send a

recommendation of temporary class exception to the SOE. The documentation will clearly

indicate the duration of the temporary exception. The SOE or designee will enroll inmates with

this type of exception in the literacy program when the special circumstances are no longer

applicable.

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(b) Inmates who have been determined (on the basis of formal diagnostic assessment) to have a

documented emotional, mental, or physical individual impediment to learning shall not be

required to complete the literacy program beyond those achievement levels indicated as realistic

by the formal diagnostic assessment.

The Warden will review the following documentation and approve this exception to the literacy

program for inmates with medical or mental health conditions which prevent the inmate from

further benefit of literacy program participation:

 Formal documentation reflecting the inmate has stopped making progress in all major

academic areas. This will require valid pre- and post-test achievement scores that indicate a

lack of academic gain in any major academic area (i.e., reading, math, or written language).

 Documentation indicating the inmate has demonstrated a satisfactory level of effort to

participate in and complete assignments.

 Documentation confirming that the inmate will no longer benefit from the literacy program.

Most medical conditions do not warrant this type of exception, because accommodations and/or

modifications to curricula can be given or the inmate can be adequately treated with medication.

Only when the inmate’s condition has permanently affected their ability to attend and participate

in school, or when the condition permanently prevents learning, even with interventions, should

this exception be given. The Warden must not delegate this literacy program exception below the

Associate Warden level.

Inmates excepted from the literacy program under these criteria may be exempted by the Warden

from literacy program requirements for work assignment appointment and promotion as stated in

Section 4 of this program statement. The Warden will not delegate this work promotion

exemption below the SOE level.

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

inmate to participate in or to complete the literacy program.

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

exceptions to required literacy program participation, documentation requirements, and the

appropriate education transaction codes utilized for entry in the applicable Bureau inmate

management system.