State Financial Aid Barriers for Students Impacted by the Justice System

State Financial Aid Barriers for Students Impacted by the Justice System

What restrictions exist for justice-system impacted populations within the state’s two largest state aid programs?

January 2020

STATE
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Program Name
System-Impacted
Population
Statute Citation
Statute Text
Regulation Citation
Regulation Text
Agency Rule Citation
Agency Rule Text
Alabama AL Student Grant Program None
Alabama G.I. Dependent Scholarship Program None
Alaska Alaska Education Grant None
Alaska Performance Scholarship None
Arizona (AFAT) Arizona Financial Aid Trust None
AZLEAP None
Arkansas Academic Challenge Scholarship Drug Convictions Ark. Code Ann. § 6-85-206(8) "The applicant certifies that he or she is drug-free and pledges in writing on the application form to refrain from the use or abuse of illegal substances in order to become eligible and maintain eligibility for this program." Ark. Admin. Rules 008.10.17-001 "The applicant certifies that he or she is drug-free and pledges in writing on the application form to refrain from the use or abuse of illegal substances in order to become eligible and maintain eligibility for this program."
Academic Challenge Scholarship Incarceration Ark. Code Ann. § 6-85-206(8) "The applicant is not incarcerated at the time of the application for or during the time the applicant receives a scholarship under this subchapter." Ark. Admin. Rules 008.10.17-001 "The applicant is not incarcerated at the time of the application for or during the time the applicant receives a scholarship under this rule"
Governor's Distinguished Scholars Program None
California Cal Grant A Incarceration Cal. Edu. Code § 69433.9. "To be eligible to receive a Cal Grant award under this chapter, a studentshall be all of the following… not incarcerated."
Cal Grant B Incarceration Cal. Edu. Code § 69433.9. "To be eligible to receive a Cal Grant award under this chapter, a studentshall be all of the following… not incarcerated."
Colorado Colorado Graduate Grant None
Colorado Student Grant None
Connecticut Roberta B. Willis Scholarship Program - Need-Based Grant None
Roberta B. Willis Scholarship Program - Need-Merit Scholarship None
Delaware University of Delaware Other State Funded Scholarships None
Delaware SEED Program Criminal Convictions 14 Del. Code Ann. § 3404A "The student shall not have been convicted of any felony and the student's parent, legal guardian, or relative caregiver shall certify such fact."
District of Columbia DCTAG None
Mayors Scholars Undergraduate Program None
Florida Florida Student Assistance Grant Public None
Florida Bright Futures Scholarship Program-FAS Awards Criminal Convictions Fla. Stat. § 1009.531(1)(e) “In order to be eligible for an initial award from any of the scholarships under the Florida Bright Futures Scholarship Program, a student must...Not have been found guilty of, or entered a plea of nolo contendere to, a felony charge, unless the student has been granted clemency by the Governor and Cabinet sitting as the Executive Office of Clemency.”
Georgia HOPE Scholarship Drug Convictions Ga. Code Ann. § 20-3-519.1 "A student is ineligible for any scholarship or grant described in this part if the student... Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the "Drug-free Postsecondary Education Act of 1990," provided that such ineligibility extends from the date of
conviction to the completion of the next academic term."
Georgia Student Finance Commission, HOPE Regulations "A student convicted of committing certain felony offenses involving marijuana, controlled substances, or dangerous drugs, may be ineligible for HOPE Scholarship payment from the date of conviction to the completion of the following school term, in accordance with the Georgia Drug-Free Postsecondary Education Act of 1990, O.C.G.A. §20-1-20, et. seq."
HOPE Scholarship Incarceration Ga. Code Ann. § 20-3-519.1 "A student is ineligible for any scholarship or grant described in this part if the student… Is incarcerated" Georgia Student Finance Commission, HOPE Regulations "A student seeking a Degree from an Eligible Postsecondary Institution is ineligible for HOPE Scholarship payment while Incarcerated."
Zell Miller Scholarship Drug Convictions Georgia Student Finance Commission, Zell Miller Scholarship Regulations "A student convicted of committing certain felony offenses involving marijuana, controlled substances, or dangerous drugs, may be ineligible for Zell Miller Scholarship payment from the date of conviction to the completion of the following school term, in accordance with the Georgia Drug-Free Postsecondary Education Act of 1990, O.C.G.A. § 20-1-20, et seq."
Zell Miller Scholarship Incarceration Georgia Student Finance Commission, Zell Miller Scholarship Regulations "A student seeking a Degree from an Eligible Postsecondary Institution is ineligible for Zell Miller Scholarship payment while Incarcerated."
Hawaii Hawaii State Student Incentive Program Incarceration, Drug Convictions Haw. Admin. Rules (HAR) § 20-41-1 "A student who is a resident shall be eligible to be considered for a Hawaii student incentive grant unless that student… is not eligible for a Pell Grant…"
Hawaii B Plus Scholarship None
Idaho Opportunity Scholarship None
Illinois Golden Apple None
Monetary Award Program Incarceration 110 Ill. Comp. Stat. 947/10 For otherwise eligible educational organizations which provide academic programs for incarcerated students, the terms "institution of higher learning", "qualified institutions", and "institution" shall specifically exclude academic programs for incarcerated students. Ill. Admin. Code tit. 23, § 2700.20 For otherwise eligible educational organizations that provide academic programs for incarcerated students, the term "institution of higher learning" shall specifically exclude academic programs for incarcerated students (Section 10 of the Higher Education Student Assistance Act).
Indiana Twenty-First Century Scholars Program Drug Convictions, Criminal Convictions Ind. Code 21-12-6-5 "to qualify to participate in the program, a student must meet the following requirements...(B) not illegally use controlled substances (as defined in IC 35-48-1-9); (C) not commit a crime or an infraction described in IC 9-30-5;(D) not commit any other crime or delinquent act (as described in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their repeal))"
Indiana Higher Education Award & Freedom of Choice Grants (Frank OBannon Grant) Incarceration Ind. Code 21-12-3-13 The commission may not provide assistance under this chapter to a higher education award applicant or recipient who is: (1) convicted of a felony; (2) sentenced to a term of imprisonment for that felony; and (3) confined for that felony at a penal facility
Iowa Iowa Tuition Grant Program None
Skilled Workforce Shortage Tuition Grant None
Kansas Kansas Comprehensive Grant None
National Guard Tuition Assistance Program None
Kentucky College Access Program (CAP) Grant Incarceration Ken. Rev. Stat. 164.767 "No loan guarantee shall be approved, nor any loan, grant, scholarship, recognition award, work-study reimbursement, or other form of financial aid shall be disbursed, under programs authorized by KRS 164.740 to 164.785, to any student who is an inmate or who is incarcerated in a penal institution unless funds have first been provided to all other eligible students who have applied in accordance with the administrative regulations of the authority."
Kentucky Educational Excellence Scholarship Criminal Convictions K.R.S. 164.7874(8) "Eligible postsecondary student means a…who…Is not a convicted felon."
Louisiana Louisiana Go Grants Incarceration, Drug Convictions La. Rev Stat 17:3046.1 "Is a recipient of a federal Pell Grant" Student Financial Aid Bulletin S2013-01 "To be eligible for a Louisiana Go Grant, a student must...Receive a federal Pell grant."
Taylor Opportunity Program for Students Criminal Convictions La. R.S. 17:5028 "To be eligible for an award pursuant to this Chapter, a student shall not have any criminal conviction, except for misdemeanor traffic violations"
Maine Doctors for Maine's Future None
Maine State Grant Program None
Maryland Howard P. Rawlings Educational Assistance Grant Drug Convictions Md. Code Ann. Educ. § 18-111 "As a condition of receiving student financial assistance awarded by the Office, each recipient shall sign a statement pledging to remain drug free. The Commission shall determine the contents of the drug free statement."
Howard P. Rawlings Guaranteed Access Grant Drug Convictions Md. Code Ann. Educ. § 18-303 "a student in grade 7 or grade 8 who applies and qualifies for a Guaranteed Access Grant ... shall prequalify for a Guaranteed Access Grant ... by agreeing in writing, as a secondary and undergraduate student, to…Refrain from substance abuse."
Massachusetts Massachusetts Access Grant Incarceration, Drug Convictions MBHE Student Financial Assistance Attestation Guide "A grant, loan, or tuition waiver award may be made only to a recipient who meets the following requirements…Is eligible to receive a Pell Grant and/or other Federal Title IV student financial assistance…and… Has not been convicted of an offense involving the possession or sale of illegal drugs and/or has not been incarcerated in a federal or state penal institution."
MASSGrant Incarceration, Drug Convictions MBHE Student Financial Assistance Attestation Guide "A grant, loan, or tuition waiver award may be made only to a recipient who meets the following requirements…Is eligible to receive a Pell Grant and/or other Federal Title IV student financial assistance…and… Has not been convicted of an offense involving the possession or sale of illegal drugs and/or has not been incarcerated in a federal or state penal institution."
Michigan Tuition Incentive Program None
Michigan Competitive Scholarship Incarceration MCL 390.974 " An applicant is eligible for the award of a first-year scholarship if the authority finds that the applicant... Is not incarcerated in a corrections institution."
Minnesota MN State Grant None
Post-Secondary Child Care Grant None
Mississippi MS Higher Ed. Legislative Plan Criminal Convictions Miss. Code Ann. § 37-106-75 "The state may pay the tuition of students ... who meet all of the following qualifications...Have no criminal record, except for misdemeanor traffic violations."
Mississippi Resident Tuition Grant None
Missouri Access Missouri Financial Assistance Program Drug Convictions Mo. Rev. Stat. § 173.1104 "If an applicant is found guilty of or pleads guilty to any criminal offense during the period of time in which the applicant is receiving financial assistance, such applicant shall not be eligible for renewal of such assistance, provided such offense would disqualify the applicant from receiving federal student aid under Title IV of the Higher Education Act of 1965, as amended."
Access Missouri Financial Assistance Program None
A+ Program Drug Convictions Mo. Code Regs, tit., 6, § 10-2.190 To qualify for A+ tuition reimbursement, an initial recipient must meet the following criteria… Have maintained a record of good citizenship and avoidance of the unlawful use ofdrugs and/or alcohol while in grades nine through twelve (9–12)….and...Not have a criminal record preventing receipt of federal Title IV student financial aid."
Montana State SEOG Match Incarceration, Drug Convictions Montana University System "Students must be Pell-eligible to receive a SEOG."
Governor's Postsecondary Scholarship - Merit Incarceration Mont. Code Ann. § 20-26-605(10)(d) "A student is ineligible to receive a scholarship under the governor's postsecondary scholarship
program if the student...is incarcerated."
Nebraska Vocational Rehabilitation None
Nebraska Opportunity Grant None
Nevada Nevada Student Access Grants/Scholarships None
Governor Guinn Millennium Scholarship Program None
New Hampshire Scholarships for Orphans of Veterans None
New Jersey Educational Opportunity Fund (EOF) Article III Undergraduate None
Tuition Aid Grant None
New Mexico Legislative Lottery Scholarship None
Athletic Scholarship None
New York NYS World Trade Center Memorial Scholarship Incarceration NY Educ. Law § 661 “No student who is incarcerated in any federal, state or other penal institution shall be eligible for any general or academic performance award made pursuant to this article.”
Tuition Assistance Program Incarceration NY Educ. Law § 661 “No student who is incarcerated in any federal, state or other penal institution shall be eligible for any general or academic performance award made pursuant to this article.”
North Carolina Need Based Scholarship Incarceration, Drug Convictions N.C. Gen. Stat. § 116-281 "The student must meet all other eligibility requirements for the federal Pell Grant, with the exception of the expected family contribution."
UNC Need Based Grant Incarceration, Drug Convictions Rules and Procedures for the UNC Need Based Grant "When a campus aid administrator completes the certification of a student for a UNC-Need Based Grant, he or she is affirming that… the students meets the definition of "Eligible Student" for Title IV aid."
North Dakota North Dakota Academic Scholarship None
North Dakota State Student Incentive Grant Program None
Ohio Ohio College Opportunity Grant Program Incarceration Ohio Rev. Code § 3333.122 "The needs-based financial aid grant shall be paid to the eligible student through the institution in which the student is enrolled, except that no needs-based financial aid grant shall be paid to any person serving a term of imprisonment."
Ohio College Opportunity Grant Program Criminal Convictions Ohio Rev. Code § 3333.38 "An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following violations shall be ineligible to receive any student financial assistance supported by state funds at an institution of higher education for two calendar years from the time the individual applies for assistance of that nature: (1) A violation of section 2917.02 or 2917.03 of the Revised Code; (2) A violation of section 2917.04 of the Revised Code that is a misdemeanor of the fourth degree; (3) A violation of section 2917.13 of the Revised Code that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code.
Ohio National Guard Tuition Grants Criminal Convictions Ohio Rev. Code § 3333.38 "An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following violations shall be ineligible to receive any student financial assistance supported by state funds at an institution of higher education for two calendar years from the time the individual applies for assistance of that nature: (1) A violation of section 2917.02 or 2917.03 of the Revised Code; (2) A violation of section 2917.04 of the Revised Code that is a misdemeanor of the fourth degree; (3) A violation of section 2917.13 of the Revised Code that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code.
Oklahoma Oklahomas Promise Drug Convictions, Criminal Convictions 70 Okla. Stat. 2605 "Students who qualify on the basis of financial need…shall be given the opportunity… to enter into participation in the program by agreeing to… refrain from substance abuse…and… refrain from commission of crimes or delinquent acts."
Oklahoma Tuition Aid Grant Incarceration 70 Okla. Stat. 626.6 "No person shall be awarded a state tuition aid grant unless the person...Is not incarcerated in a state, federal or private correctional facility." Okla. Admin. Code § 610:25-7-6 "Students who are incarcerated are not eligible to receive tuition aid grants. Incarceration will be defined in accordance with the current definition for federal Pell grant eligibility."
Oklahomas Promise Incarceration Okla. Admin. Code § 610:25-23-5 "Any person incarcerated in a state, federal, or private correctional facility shall not be eligible to receive program benefits."
Oregon Oregon Opportunity Grant None
Student Child Care Grant None
Pennsylvania Institutional Assistance Grants Incarceration 22 Pa. Code § 121.6(b). "If a State grant applicant is incarcerated, which shall be interpreted to mean confinement in a prison but to exclude residence in a ‘‘halfway house’’ under a so-called prerelease program, the applicant will not be eligible for State grant aid until the applicant has been released from incarceration." 2019-20 PHEAA IAG Program Guidelines "In order to be counted by an institution, a student must have been enrolled for at-least-a-half-time basis at least one term during the academic year (summer term is excluded) and have received a PA State Grant award in that same term."
Pennsylvania State Grant Program Incarceration 24 P.S. § 5154 "Any student is eligible for consideration for a State scholarship providing...He shall satisfactorily meet the qualifications of “financial need,” character and academic promise, as well as academic achievement, as established by the agency." 22 Pa. Code § 121.6(b). "If a State grant applicant is incarcerated, which shall be interpreted to mean confinement in a prison but to exclude residence in a ‘‘halfway house’’ under a so-called prerelease program, the applicant will not be eligible for State grant aid until the applicant has been released from incarceration."
Rhode Island Rhode Island State Grant Program None
South Carolina Legislative Incentives for Future Excellence (LIFE) Scholarship Drug Convictions, Criminal Convictions S.C. Code Ann. § 59-149-90 "Students must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea." S.C. Code Ann. Regs. § 62-1200.10(A)(70 "Certify that he/she has never been adjudicated delinquent, convicted, or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol/drug related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a LIFE Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea by submitting an affidavit each academic year to the institution. However, a high school or college student who has been adjudicated delinquent, convicted, or pled guilty or nolo contendere to a second alcohol/drug related misdemeanor offense is ineligible for the next academic year of enrollment at an eligible institution after the date of the adjudication, conviction or plea. If the adjudication, conviction, or plea occurs during the academic year after the student has already submitted a signed affidavit to the institution, the student will be eligible to receive the Scholarship the remainder of the academic year. However, the student will be ineligible for the Scholarship the following entire academic year of enrollment. If a student completes a pretrial intervention program and has his/her record expunged the conviction will not affect Scholarship eligibility."
Palmetto Fellows Scholarship Drug Convictions, Criminal Convictions S.C. Code Ann. § 59-104-20 "Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any second or subsequent alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to a second or subsequent alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea." S.C. Code Ann. Regs. § 62-315 (A)(6) "Certify that he/she has never been adjudicated delinquent, convicted or pled guilty or nolo contendere to any felonies and any second or subsequent alcohol, or drug related offenses under the laws of this or any other state or under the laws of the United States by submitting a signed affidavit each academic year to the home institution testifying to the fact, except that a high school or college student who has been adjudicated delinquent, convicted, or pled guilty or nolo contendere of a second or subsequent alcohol or drug related misdemeanor offense is only ineligible the next academic year of enrollment in an eligible independent or public institution after the date of the adjudication, conviction or plea. If the adjudication, conviction, or plea occurs during the academic year after the student has already submitted a signed affidavit to the home institution, the student will continue to be eligible for the remainder of that academic year. However, the student will be ineligible the following academic year of enrollment. If a student completes a pretrial intervention program and subsequently has his/her record expunged, the conviction will not affect the student’s eligibility."
South Dakota South Dakota Need Based Grant Program Drug Convictions S.D. Codified Laws § 13-55-29 "Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law is ineligible for any scholarship for attendance at a postsecondary institution to the extent such scholarship is funded by the State of South Dakota."
South Dakota Opportunity Scholarship Drug Convictions S.D. Codified Laws § 13-55-29 Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law is ineligible for any scholarship for attendance at a postsecondary institution to the extent such scholarship is funded by the State of South Dakota.
Tennessee HOPE Scholarship Drug Convictions Tenn. Code Ann. § 49-4-904(6) "A student is ineligible for any scholarship or grant described in this part if the student… Is not in compliance with federal drug-free rules and laws for receiving financial assistance."
Tennessee Student Assistance Award Drug Convictions Ten. Admin. Code § 1640-01-01-.04 "That the student has on file with the institution a statement for the periods of instruction beginning on or after July 1, 1989 certifying that the student is in compliance with the Anti-Drug Abuse Act."
HOPE Scholarship Incarceration Tenn. Code Ann. § 49-4-904(6) "A student is ineligible for any scholarship or grant described in this part if the student… Is incarcerated"
Tennessee Student Assistance Award Incarceration Tenn. Code Ann. § 49-4-301 "TSAC shall make awards of nonrepayable financial assistance, from funds appropriated for that purpose, directly to needy undergraduate students who…are not incarcerated."
Texas Designated Tuition- Grants None
TEXAS Grant Drug Convictions Tex. Educ. Code Ann. §§ 56.304(b) "A person is not eligible to receive a TEXAS grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:
(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or
(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a grant under this subchapter."
Utah Utah Higher Education Success Stipend Program (HESSP) Incarceration, Drug Convictions Utah Admin. Code § R765-605-4.4.4 "meet all requirements of general eligibility for Federal Higher Education Act Part IV Student Financial Aid Programs, as defined in applicable U. S. Department of Education Regulations and the current edition of the Department of Education Student Aid Handbook"
Regents' Scholarship Criminal Convictions Utah Code Ann. § 53B-8-203(4)(c) "To be eligible for the scholarship, a student...may not have a criminal record, with the exception of a misdemeanor traffic citation."
Vermont Non-Degree Grant None
Vermont Incentive Grant None
Virginia Tuition and Fee Revenue used for Financial Aid - Undergraduate None
VSFAP - Virginia Commonwealth Award None
Washington College Bound Scholarship Criminal Convictions Rev. Code Wash. § 28B.118.010 "To receive the Washington college bound scholarship, a student must… have no felony convictions."
Washington State Need Grant Program None
West Virginia PROMISE Scholarship None
West Virginia Higher Education Grant Program None
Wisconsin Wisconsin Grant - Private Nonprofit None
Wisconsin Grant - UW None
Wyoming Hathaway Scholarship Incarceration Wyo. Stat. Ann. § 21-16-1303(e)(v) "A student is not eligible for a scholarship under this article if he…is incarcerated."
Hathaway Scholarship Criminal Convictions Wyo. Stat. Ann. § 21-16-1303(e)(vi) "A student is not eligible for a scholarship under this article if he...Has been convicted of a felony in this state or another jurisdiction and has not been granted an exception by the department of education as provided for in W.S. 21-16-1308(b)(v)."
Puerto Rico Undergraduate Supplementary Aid None
Specific Academic Area Grant None