Title 20 — EducationRelease 119-73
§1070a–13 Upward bound
Title 20 › Chapter CHAPTER 28— - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › Subchapter SUBCHAPTER IV— - STUDENT ASSISTANCE › Part Part A— - Grants to Students in Attendance at Institutions of Higher Education › Subpart subpart 2— - federal early outreach and student services programs › § 1070a–13
Summary
The Secretary must run the Upward Bound program to help students build the skills and motivation to succeed after high school. Projects must give tutoring (reading, writing, study skills, math, science, and more), help choose courses, help with college tests and applications, explain federal student aid like Pell Grants and loan forgiveness and help fill out the FAFSA, guide students back into school or into GED or postsecondary programs, and teach financial and economic skills to students or their parents. Projects that have been funded two or more years must teach a core set of subjects including math through precalculus, lab science, foreign language, composition, and literature. Programs may also offer cultural trips, career information, on-campus summer programs, mentoring, work-study that shows career options, special help for veterans, and tailored services for students who are limited English proficient, from underrepresented groups, have disabilities, are homeless, in or aging out of foster care, or otherwise disconnected. At least two-thirds of participants must be low-income, first-generation college students; the rest must be low-income, first-generation, or at high risk of failure. Each student must need academic support, must have finished eight years of elementary school, and be 13–19 years old unless that would defeat the program’s purpose. No one may be barred for joining after 9th grade. Stipends may be up to $60 per month in summer (max 3 months), $300 per month in summer for work-study (max 3 months), and up to $40 per month the rest of the year. Congress provided $57,000,000 for each fiscal year 2008 through 2011 to help projects that did not get funds in 2007 and scored above 70, as 4-year grants; the grant authority ends at the close of fiscal year 2011. The Department must not enforce the “absolute priority” policy published September 22, 2006, and existing grants chosen under that priority may continue without recompetition.
Full Legal Text
Title 20, §1070a–13
Education — Source: USLM XML via OLRC
(a)The Secretary shall carry out a program to be known as upward bound which shall be designed to generate skills and motivation necessary for success in education beyond secondary school.
(b)Any project assisted under this section shall provide—
(1)academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction in reading, writing, study skills, mathematics, science, and other subjects;
(2)advice and assistance in secondary and postsecondary course selection;
(3)assistance in preparing for college entrance examinations and completing college admission applications;
(4)(A)information on the full range of Federal student financial aid programs and benefits (including Federal Pell Grant awards and loan forgiveness) and resources for locating public and private scholarships; and
(B)assistance in completing financial aid applications, including the Free Application for Federal Student Aid described in section 1090(a) of this title;
(5)guidance on and assistance in—
(A)secondary school reentry;
(B)alternative education programs for secondary school dropouts that lead to the receipt of a regular secondary school diploma;
(C)entry into general educational development (GED) programs; or
(D)postsecondary education; and
(6)education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents, including financial planning for postsecondary education.
(c)Any project assisted under this section which has received funding for two or more years shall include, as part of the core curriculum in the next and succeeding years, instruction in mathematics through precalculus, laboratory science, foreign language, composition, and literature.
(d)Any project assisted under this section may provide such services as—
(1)exposure to cultural events, academic programs, and other activities not usually available to disadvantaged youth;
(2)information, activities, and instruction designed to acquaint youth participating in the project with the range of career options available to the youth;
(3)on-campus residential programs;
(4)mentoring programs involving elementary school or secondary school teachers or counselors, faculty members at institutions of higher education, students, or any combination of such persons;
(5)work-study positions where youth participating in the project are exposed to careers requiring a postsecondary degree;
(6)special services, including mathematics and science preparation, to enable veterans to make the transition to postsecondary education; and
(7)programs and activities as described in subsection (b), subsection (c), or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children and youths (as such term is defined in section 11434a of title 42), students who are in foster care or are aging out of the foster care system, or other disconnected students.
(e)In approving applications for projects under this section for any fiscal year, the Secretary shall—
(1)require an assurance that not less than two-thirds of the youths participating in the project proposed to be carried out under any application be low-income individuals who are first generation college students;
(2)require an assurance that the remaining youths participating in the project proposed to be carried out under any application be low-income individuals, first generation college students, or students who have a high risk for academic failure;
(3)require that there be a determination by the institution, with respect to each participant in such project that the participant has a need for academic support in order to pursue successfully a program of education beyond secondary school;
(4)require that such participants be persons who have completed 8 years of elementary education and are at least 13 years of age but not more than 19 years of age, unless the imposition of any such limitation would defeat the purposes of this section; and
(5)require an assurance that no student will be denied participation in a project assisted under this section because the student will enter the project after the 9th grade.
(f)Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $60 per month during the summer school recess, for a period not to exceed three months, except that youth participating in a work-study position under subsection (d)(5) may be paid a stipend of $300 per month during the summer school recess, for a period not to exceed three months. Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $40 per month during the remaining period of the year.
(g)(1)There are authorized to be appropriated, and there are appropriated to the Secretary, from funds not otherwise appropriated, $57,000,000 for each of the fiscal years 2008 through 2011 to carry out paragraph (2), except that any amounts that remain unexpended for such purpose for each of such fiscal years may be available for technical assistance and administration costs for the Upward Bound program. The authority to award grants under this subsection shall expire at the end of fiscal year 2011.
(2)The amounts made available by paragraph (1) shall be available to provide assistance to all Upward Bound projects that did not receive assistance in fiscal year 2007 and that have a grant score above 70. Such assistance shall be made available in the form of 4-year grants.
(h)Upon enactment of this subsection and except as otherwise expressly provided by amendment to this section, the Secretary shall not continue, implement, or enforce the absolute priority for the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall allow the programs and participants chosen in the grant cycle to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be required to apply the absolute priority conditions or restrictions to future participants.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2008—Subsec. (b). Pub. L. 110–315, § 403(c)(1), added subsec. (b) and struck out former subsec. (b) which related to permissible services. Subsec. (c). Pub. L. 110–315, § 403(c)(2), substituted “Additional required services for multiple-year grant recipients” for “Required services” in heading and “project assisted under this section” for “upward bound project assisted under this division” in text. Subsec. (d). Pub. L. 110–315, § 403(c)(4), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 110–315, § 403(c)(3), (5)(A), redesignated subsec. (d) as (e) and substituted “projects under this section” for “upward bound projects under this division” in introductory provisions. Former subsec. (e) redesignated (f). Subsec. (e)(2). Pub. L. 110–315, § 403(c)(5)(B), substituted “low-income individuals, first generation college students, or students who have a high risk for academic failure;” for “either low-income individuals or first generation college students;”. Subsec. (e)(5). Pub. L. 110–315, § 403(c)(5)(C)–(E), added par. (5). Subsec. (f). Pub. L. 110–315, § 403(c)(3), (6), redesignated subsec. (e) as (f) and substituted “during the summer school recess, for a period not to exceed three months” for “during June, July, and August” in two places, and “subsection (d)(5)” for “subsection (b)(10)”. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 110–315, § 403(c)(3), redesignated subsec. (f) as (g). Subsec. (h). Pub. L. 110–315, § 403(c)(7), added subsec. (h). 2007—Subsec. (f). Pub. L. 110–84 added subsec. (f). 1998—Subsec. (b)(2). Pub. L. 105–244, § 402(c)(1)(A), substituted “counseling and workshops” for “personal counseling”. Subsec. (b)(9). Pub. L. 105–244, § 402(c)(1)(B), inserted “or counselors” after “teachers” and struck out “and” after semicolon. Subsec. (b)(10), (11). Pub. L. 105–244, § 402(c)(1)(D), added pars. (10) and (11). Former par. (10) redesignated (12). Subsec. (b)(12). Pub. L. 105–244, § 402(c)(1)(E), substituted “(11)” for “(9)”. Pub. L. 105–244, § 402(c)(1)(C), redesignated par. (10) as (12). Subsec. (e). Pub. L. 105–244, § 402(c)(2), substituted “except that youth participating in a work-study position under subsection (b)(10) may be paid a stipend of $300 per month during June, July, and August. Youths participating in a project proposed to be carried out under any application may be paid stipends not in excess of $40 per month during the remaining period of the year.” for “and not in excess of $40 per month during the remaining period of the year.” 1993—Subsec. (c). Pub. L. 103–208 substituted “foreign” for “and foreign”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2007 AmendmentAmendment by Pub. L. 110–84 effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as a note under section 1070a of this title.
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
Effective Date
of 1993 AmendmentAmendment by Pub. L. 103–208 effective as if included in the Higher Education
Amendments
of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.
Reference
Citations & Metadata
Citation
20 U.S.C. § 1070a–13
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73