Why Legal Restrictions Prevent Universities from Spending Endowments on Tuition

When a university announces a $10 billion endowment, students and parents often wonder why tuition is still rising and why that money cannot simply be used to lower costs. The reality of how those funds are legally bound dictates exactly what your tuition pays for and what the university can actually afford.

An endowment is not a massive checking account; it is a complex portfolio of legally restricted investments designed to last forever. Its primary function is to fund a specific percentage of the university's operating budget each year, creating a perpetual financial engine.

Understanding the mechanics of these funds reveals why universities invest heavily in illiquid assets and why they cannot simply spend their principal during a financial crisis. The system is built on a delicate balance between present needs and future obligations.[1][3]

The primary reason universities cannot freely spend their endowments is that the vast majority of the money is legally restricted by the donors who gave it. When a benefactor donates $50 million to fund a specific medical research chair or a new engineering scholarship, the university is legally obligated to use the funds only for that purpose.

These restrictions are governed by the Uniform Prudent Management of Institutional Funds Act (UPMIFA), which has been adopted by 49 states. UPMIFA provides the legal framework that dictates how charitable funds must be managed, invested, and spent.[3][4]

Under UPMIFA, institutions are required to preserve the purchasing power of the original gift over the long term while spending only a "prudent" amount of the investment returns. This replaced older laws that strictly forbade spending below the "historic dollar value" of the original gift, giving universities more flexibility during market downturns.[4]

To balance the need to fund current operations with the legal requirement to preserve the principal for future generations, universities establish a strict annual payout rate. Most institutions target a spending rate of 4.5% to 5.5% of the endowment's trailing three-year average market value.

In fiscal year 2025, U.S. colleges and universities withdrew $33.4 billion from their endowments, an 11% increase from the previous year. This capital funded an average of 15.2% of their total operating budgets, up from 10.9% just two years earlier.[1]

The largest portion of this spending—47.4%—went directly to student financial aid, making the endowment the primary engine for tuition discounting and affordability at wealthy institutions. Another 17.7% supported academic programs and research, while 10.8% funded endowed faculty positions.[1]

Generating enough return to cover a 5% payout rate plus 3% annual inflation requires aggressive investment strategies. For decades, endowments relied on a traditional 60/40 portfolio of public stocks and bonds, aiming for steady, predictable growth.

However, pioneered by the late David Swensen at Yale University, the "Yale Model" shifted large endowments heavily into alternative, illiquid assets. Swensen argued that universities, with their infinite time horizons, were uniquely positioned to lock up capital in exchange for higher returns.[5][6]

Today, the largest endowments allocate over 55% of their portfolios to private equity, venture capital, real estate, and hedge funds. These assets lock up capital for a decade or more but historically offer an "illiquidity premium"—higher returns that public markets cannot match.[2][5]

This shift to alternative investments has created a massive structural advantage for the wealthiest universities. Over a 10-year horizon, endowments managing over $5 billion generated an average annualized return of 8.3%, compared to just 6.5% for endowments under $50 million that still rely primarily on public equities.[2]

That 1.8% annualized premium compounds exponentially over decades, allowing elite institutions to grow their asset bases rapidly while simultaneously funding a larger percentage of their operating budgets. Smaller colleges, lacking the scale and access to top-tier private equity managers, remain highly dependent on tuition revenue.[2]

However, the dominance of the alternative-heavy endowment model faces new headwinds. In 2023 and 2024, smaller endowments actually outperformed the giants in the short term, driven by a massive rally in public technology stocks and a slowdown in private equity distributions.[2]

The illiquidity that benefited large endowments during the zero-interest-rate era now poses a challenge as borrowing costs remain elevated. Private equity firms are struggling to exit investments and return cash to their university limited partners, forcing some endowments to rely on other assets to meet their annual payout obligations.[1][5]

If the premium on private assets shrinks permanently, universities may be forced to lower their payout rates or seek alternative revenue streams. For now, the legal and financial mechanics of the endowment ensure that these massive pools of capital will continue to dictate the economics of American higher education.[1][3]