28 CFR § 544.41 - Applicability: Who must attend the ESL program.

---
identifier: "/us/cfr/t28/s544.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 544.41 - Applicability: Who must attend the ESL program."
title_number: 28
title_name: "Judicial Administration"
section_number: "544.41"
section_name: "Applicability: Who must attend the ESL program."
chapter_name: "BUREAU OF PRISONS, DEPARTMENT OF JUSTICE"
subchapter_number: "C"
subchapter_name: "INSTITUTIONAL MANAGEMENT"
part_number: "544"
part_name: "EDUCATION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510."
regulatory_source: "44 FR 38249, June 29, 1979, unless otherwise noted."
cfr_part: "544"
---


# 544.41 Applicability: Who must attend the ESL program.

(a) All Federal prisoners who have limited English proficiency skills shall attend an ESL program except:

(1) Pretrial inmates;

(2) Inmates committed for purpose of study and observation under the provisions of 18 U.S.C. 4205(c) or, effective November 1, 1987, 18 U.S.C. 3552(b);

(3) Sentenced aliens with a deportation detainer;

(4) Other inmates whom, for documented good cause, the Warden may excuse from attending the ESL program.

(b) Staff shall document in the inmate's education file the specific reasons for not requiring the inmate to participate in the ESL program.