Title 20EducationRelease 119-73

§1015f State commitment to affordable college education

Title 20 › Chapter CHAPTER 28— - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › Part Part C— - Cost of Higher Education › § 1015f

Last updated Apr 6, 2026|Official source

Summary

States must keep funding colleges at least at recent levels starting with any school year that begins on or after July 1, 2008. For public colleges, the state must provide at least the average amount it gave over the five most recent academic years for regular operating costs and general research support (not for buildings or direct research projects). For private colleges, the state must provide at least the average amount it gave over the five most recent academic years for student financial aid that helps pay college costs. The Secretary of Education can adjust the math for states that budget every two years. The Secretary can also waive the rule for fair reasons, like a natural disaster or a sudden, unexpected drop in a state’s money. If a state breaks the rule and gets no waiver, the Secretary may hold back certain federal education funds until the state makes major efforts to fix the problem.

Full Legal Text

Title 20, §1015f

Education — Source: USLM XML via OLRC

(a)A State shall provide—
(1)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
(2)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.
(b)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.
(c)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 11 So in original. Probably should be “unforeseen”. decline in the financial resources of a State or State educational agency, as appropriate.
(d)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1016, Pub. L. 89–329, title I, § 121, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to adult learning research, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1016, Pub. L. 89–329, title I, § 116, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1381, provided for Federal discretionary grants, prior to the general amendment of this subchapter by Pub. L. 99–498. A prior section 1016a, Pub. L. 89–329, title I, § 122, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286, limited funds authorized to be appropriated, prior to the general amendment of this subchapter by Pub. L. 102–325. A prior section 1017, Pub. L. 89–329, title I, § 131, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1286; Pub. L. 102–54, § 13(g)(1)(A), June 13, 1991, 105 Stat. 275, related to National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1017, Pub. L. 89–329, title I, § 117, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1382; amended Pub. L. 99–386, title I, § 103(a), Aug. 22, 1986, 100 Stat. 821, related to establishment and administration of the National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by Pub. L. 99–498.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1015f

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73