The Best Interest Determination (BID) Toolkit: Guidance for Oversight Entities

This Best Interest Determination (BID) Toolkit was created by the Vera Institute of Justice, in partnership with a BID Council and the members of the 2024 Corrections Education Leadership Academy (CELA), to be a resource for corrections agencies to prepare their BID system with all processes, procedures, and stakeholders in place, as necessary, to assess postsecondary institutions offering a PEP, according to federal regulations. To maintain their PEP status, postsecondary institutions must work with their correctional partner, otherwise known as the oversight entity, to complete a program review termed the Best Interest Determination (BID). The final regulations require that the BID must take place, at minimum, within two years of the PEP being approved by the U.S. Department of Education (ED) and must be repeated every time the postsecondary institution renews its Program Participation Agreement or earlier if required by the oversight entity. 

This Toolkit is designed to assist oversight entities with meeting the BID requirements, as outlined in 34 CFR
668.241 of the final regulations, ED’s FAQs that outline the BID process in more detail, and referenced in ED’s
optional form, “Best Interest Determination- Prison Education Program.” Some of the specific suggestions
outlined in this Toolkit are not required by regulations; however, based on a review of the regulations, Vera
recommends oversight entities create the following four tools: 

1. Create a policy describing how the BID will be conducted,
2. Develop template reports for postsecondary institutions offering approved PEPs to complete,
3. Design a BID feedback template for participating stakeholders to complete, and
4. Create a response letter to the postsecondary institution offering the PEP that documents the BID
   outcome.