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Title 20, EducationRelease 119-110

§1015f State Commitment to Affordable College Education

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

Last updated Sep 23, 2026|Official source

Summary

Requires each State to keep funding for colleges at or above recent average levels for academic years starting on or after July 1, 2008. For public colleges, the State must provide at least the five‑year average of what it spent on operating costs (not including buildings or direct research). For private colleges, the State must provide at least the five‑year average of state student financial aid. The Secretary will adjust for biennial (two‑year) budgets and can waive the rule for disasters or sudden severe budget drops. If a State breaks the rule and gets no waiver, the Secretary will withhold funds the State would get under section 1141 until the State makes major efforts to fix the problem.

Full Legal Text

Title 20, §1015f

Education, Source: USLM XML via OLRC

(a)Maintenance of effort required
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)Adjustments for biennial appropriations
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)Waiver
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 decline in the financial resources of a State or State educational agency, as appropriate.
(d)Violation of maintenance of effort
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 20, Education

Last Updated

Sep 23, 2026

Release point: 119-110