The law prescribes different types of enforcement. In each case, the responsible funding agencies must make determinations about compliance. For institutions receiving E-rate funding, failure to submit certification annually will result in ineligibility, and failure to comply with the law can result in institutions being suspended or required to reimburse funding. For those receiving funds under ESEA or LSTA programs, the responsible funding agency may withhold further payments, suspend the funding, or issue a complaint to compel compliance; recovery of funding is, however, specifically prohibited.

Complaints about an institution could lead to an agency finding that it is out of compliance. However, legal analysts are in doubt as to whether the law creates a cause of action—legal grounds that may serve as the basis for litigation—for citizens to sue institutions over failure to comply.

Inside Enforcement