U.S Code last checked for updates: Nov 22, 2024
§ 10002.
State uses of funds
(a)
Education fund
(1)
In general
(2)
Restoring State support for education
(A)
In general
The Governor shall first use the funds described in paragraph (1)—
(i)
to provide the amount of funds, through the State’s primary elementary and secondary education funding formulae, that is needed—
(I)
to restore, in each of fiscal years 2009, 2010, and 2011, the level of State support provided through such formulae to the greater of the fiscal year 2008 or fiscal year 2009 level; and
(II)
where applicable, to allow existing State formulae increases to support elementary and secondary education for fiscal years 2010 and 2011 to be implemented and allow funding for phasing in State equity and adequacy adjustments, if such increases were enacted pursuant to State law prior to October 1, 2008.
(ii)
to provide, in each of fiscal years 2009, 2010, and 2011, the amount of funds to public institutions of higher education in the State that is needed to restore State support for such institutions (excluding tuition and fees paid by students) to the greater of the fiscal year 2008 or fiscal year 2009 level.
(B)
Shortfall
(C)
Fiscal year
(3)
Subgrants to improve basic programs operated by local educational agencies
(b)
Other government services
(1)
In general
(2)
Availability to all institutions of higher education
A Governor shall not consider the type or mission of an institution of higher education, and shall consider any institution for funding for modernization, renovation, and repairs within the State that—
(A)
qualifies as an institution of higher education, as defined in subsection 1
1
 So in original. Probably should be “section”.
10013(3) of this title; and
(B)
continues to be eligible to participate in the programs under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.].
(c)
Rule of construction
(Pub. L. 111–5, div. A, title XIV, § 14002, Feb. 17, 2009, 123 Stat. 279; Pub. L. 111–8, div. F, title V, § 523(a), (b), Mar. 11, 2009, 123 Stat. 806.)
cite as: 20 USC 10002