20 U.S.C. § 1015f | State commitment to affordable college education

(a)

Maintenance of effort required

A State shall provide—

(1)

July 1, 2008 for public institutions of higher education in such State for any academic year beginning on or after , 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)

July 1, 2008 for private institutions of higher education in such State for any academic year beginning on or after , 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

1 So in original. Probably should be “unforeseen”.

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

section 1141 of this titleNotwithstanding 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 until such State has made significant efforts to correct such violation.

Pub. L. 89–329, title I, § 137 Pub. L. 110–315, title I, § 116Aug. 14, 2008122 Stat. 3113(, as added , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–329, title I, § 121 Pub. L. 99–498, title I, § 101Oct. 17, 1986100 Stat. 1285 Pub. L. 102–325A prior section 1016, , as added , , , related to adult learning research, prior to the general amendment of this subchapter by .

Pub. L. 89–329, title I, § 116 Pub. L. 96–374, title I, § 101(a)Oct. 3, 198094 Stat. 1381 Pub. L. 99–498Another prior section 1016, , as added , , , provided for Federal discretionary grants, prior to the general amendment of this subchapter by .

Pub. L. 89–329, title I, § 122 Pub. L. 99–498, title I, § 101Oct. 17, 1986100 Stat. 1286 Pub. L. 102–325A prior section 1016a, , as added , , , limited funds authorized to be appropriated, prior to the general amendment of this subchapter by .

Pub. L. 89–329, title I, § 131 Pub. L. 99–498, title I, § 101Oct. 17, 1986100 Stat. 1286 Pub. L. 102–54, § 13(g)(1)(A)June 13, 1991105 Stat. 275 Pub. L. 102–325A prior section 1017, , as added , , ; , , , related to National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by .

Pub. L. 89–329, title I, § 117 Pub. L. 96–374, title I, § 101(a)Oct. 3, 198094 Stat. 1382 Pub. L. 99–386, title I, § 103(a)Aug. 22, 1986100 Stat. 821 Pub. L. 99–498Another prior section 1017, , as added , , ; amended , , , related to establishment and administration of the National Advisory Council on Continuing Education, prior to the general amendment of this subchapter by .