20 U.S.C. § 1015f — State commitment to affordable college education
submitted 18 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 294 words · no verdicts yet
States must maintain specified average funding for public and private higher education beginning with academic years after July 1, 2008. The Secretary may adjust calculations, waive the rule for exceptional circumstances, and withhold certain funds for violations.
(a) Maintenance of effort. For academic years beginning on or after July 1, 2008, a State* must provide public institutions at least the State’s average spending during the five preceding years with satisfactory data for noncapital, nondirect research and development costs. It must provide private institutions at least the State’s average spending during those years for student aid paying postsecondary costs. (b) Biennial appropriations. The Secretary* must account for adjustments needed to reflect States with two-year appropriation cycles. (c) Waiver. The Secretary must waive subsection (a) when equitable because of exceptional or uncontrollable circumstances, such as a natural disaster or a sudden, unforeseen decline in a State’s or State educational agency’s financial resources. (d) Violation. If a State violates subsection (a) and receives no waiver, the Secretary must withhold amounts otherwise available under section 1141 until the State has made significant efforts to correct the violation.
A State* shall provide—
for public institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for non-capital and non-direct research and development expenses or costs by such State to such institutions of higher education during the five most recent preceding academic years for which satisfactory data are available; and
for private institutions of higher education in such State for any academic year beginning on or after July 1, 2008, an amount which is equal to or greater than the average amount provided for student financial aid for paying costs associated with postsecondary education by such State to such institutions during the five most recent preceding academic years for which satisfactory data are available.
The Secretary* shall take into consideration any adjustments to the calculations under subsection (a) that may be required to accurately reflect funding levels for postsecondary education in States with biennial appropriation cycles.
The Secretary shall waive the requirements of subsection (a), if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforseen 1 decline in the financial resources of a State or State educational agency*, as appropriate.
Notwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 1141 of this title until such State has made significant efforts to correct such violation.
Source credit: (Pub. L. 89–329, title I, § 137, as added Pub. L. 110–315, title I, § 116, Aug. 14, 2008, 122 Stat. 3113.)
- 2008Enacted · Pub. L. 89-329 · 122 Stat. 3113
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 2008-08-14.
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