---
kind: "section"
citation: "28 C.F.R. § 544.71"
title: "28"
number: "544.71"
heading: "Exceptions to required literacy program participation."
url: "https://uscodex.org/cfr/28/544.71"
---

# §544.71. Exceptions to required literacy program participation.

- (a) **The following inmates are not required to attend the literacy program—**
  - (1) Pretrial inmates;
  - (2) Inmates committed for purpose of study and observation under the provisions of 18 U.S.C. [4205(c)](/usc/18/4205.md?p=c), [4241(d)](/usc/18/4241.md?p=d), or, effective November 1, 1987, [18 U.S.C. 3552(b)](/usc/18/3552.md?p=b);
  - (3) Sentenced deportable aliens;
  - (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 Such inmates, however, shall be required to participate when the special circumstances are no longer applicable.
- (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.
- (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.

## Notes

### Source

Source: 62 FR 50793, Sept. 26, 1997, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.

### Source

Source: 44 FR 38249, June 29, 1979, unless otherwise noted.