U.S. Code » Title 20 » Chapter CHAPTER 31— GENERAL PROVISIONS CONCERNING EDUCATION › Subchapter SUBCHAPTER IV— ENFORCEMENT

20 U.S.C. § 1234c

Remedies for existing violations

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(a) Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply substantially with any requirement of law applicable to such funds, the Secretary may—(1) withhold further payments under that program, as authorized by section 1234d of this title;(2) issue a complaint to compel compliance through a cease and desist order of the Office, as authorized by section 1234e of this title;(3) enter into a compliance agreement with a recipient to bring it into compliance, as authorized by section 1234f of this title; or(4) take any other action authorized by law with respect to the recipient.(b) Any action, or failure to take action, by the Secretary under this section shall not preclude the Secretary from seeking a recovery of funds under section 1234a of this title.(Pub. L. 90–247, title IV, § 454, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2349; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 354.)Editorial NotesAmendments

1988—Pub. L. 100–297 amended section generally, substituting provisions relating to remedies for existing violations for provisions relating to cease and desist orders. See section 1234e of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Amendment by Pub. L. 100–297 effective 180 days after Apr. 28, 1988, but not applicable to recipients receiving written notice to return funds prior to that date, see section 3501(b) of Pub. L. 100–297, set out as a note under section 1234 of this title.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1979–2025 · leading case: United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002).
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United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002). · cites it 6× “Instead, 20 U.S.C. § 1234c(a) provides that *808 the Secretary may take the following actions when a recipient of funds fails to comply with the FERPA: (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel…”
Renee v. Duncan, 623 F.3d 787 (9th Cir. 2010). · cites it 4× “See 20 U.S.C. § 1234c (Secretary may withhold funds if a recipient "is failing to comply substantially with any requirement of law applicable to such funds"); id.”
Sonya Renee v. Arne Duncan, 686 F.3d 1002 (9th Cir. 2012). · cites it 2× “See 20 U.S.C. § 1234c (Secretary may withhold funds if a recipient “is failing to comply substan- tially with any requirement of law applicable to such funds”); id.”
Krakauer v. State Ex Rel. Comm'r of Higher Educ., 2016 MT 230 (Mont. 2016). · cites it 2× “See 20 U.S.C. § 1234c(a)(1). ¶21 Krakauer is seeking records related to a specific student’s disciplinary proceedings, and the Commissioner argues that Krakauer’s particular request fell squarely under FERPA’s prohibitions.”
United States v. Miami Univ., 91 F. Supp. 2d 1132 (S.D. Ohio 2000). · cites it 3× “The statutory scheme provided for FERPA’s enforcement is further set forth at 20 U.S.C. § 1234c, as follows: § 1234c. Remedies for existing violations (a) Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply…”
Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). “20 U.S.C. §§ 1234c(a), 1232g(f). The Gonzaga Court found that Congress’s decision to provide a mechanism to enforce FERPA buttressed its conclusion that the statute did not confer individual rights.”
Connecticut v. Spellings, 453 F. Supp. 2d 459 (D. Conn. 2006). “” 20 U.S.C. § 1234c. Before the Secretary may withhold payments to any state, however, she must give the state notice of intention to withhold, the basis for the withholding, and must provide the state with an opportunity for a hearing before the Department of Education’s Office…”
United States v. Sec'y Florida Agency for Health Care Admin., 938 F.3d 1221 (11th Cir. 2019). “at 807–08 (citing 20 U.S.C. § 1234c(a)(4)). The court concluded that this language “expressly” permitted the Secretary to sue to enforce FERPA “in lieu of its administrative remedies.”
Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979). “§ 2623 (b); 20 U.S.C. § 1234c(c); 42 U.S.C. § 300j-7(c); 42 U.”
Ind. Prot. & Adv. Servs. v. Ind. Fam. & Soc., 603 F.3d 365 (7th Cir. 2010). “20 U.S.C. §§ 1234c(a), 1232g(f). The Gonzaga Court found that Congress's decision to provide a mechanism to enforce FERPA buttressed its conclusion that the statute did not confer individual rights.”
Clarke v. Cmty. Unit Sch. Dist. 303, 2014 IL App (2d) 131016 (Ill. App. Ct. 2014). “See 20 U.S.C. § 1234c (Supp. II 2002). ¶7 To comply with the NCLB, the Illinois General Assembly amended sections of, and added sections to, the School Code (Pub.”
Grant v. City of Roanoke, 265 F. Supp. 3d 654 (W.D. Va. 2017). · cites it 2× “See 20 U.S.C. § 1234c(a). In holding that the PERPA’s nondisclosure provisions do not create enforceable rights, the Supreme Court first determined that PERPA’s nondisclosure provisions “lack the sort of ‘rights-creating’ language critical to showing the requisite congressional…”
Show all 15 citing cases →
— 20 U.S.C. § 1234c(a) — 4 cases
United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002). “Instead, 20 U.S.C. § 1234c(a) provides that *808 the Secretary may take the following actions when a recipient of funds fails to comply with the FERPA: (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel…”
Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). “20 U.S.C. §§ 1234c(a), 1232g(f). The Gonzaga Court found that Congress’s decision to provide a mechanism to enforce FERPA buttressed its conclusion that the statute did not confer individual rights.”
Ind. Prot. & Adv. Servs. v. Ind. Fam. & Soc., 603 F.3d 365 (7th Cir. 2010). “20 U.S.C. §§ 1234c(a), 1232g(f). The Gonzaga Court found that Congress's decision to provide a mechanism to enforce FERPA buttressed its conclusion that the statute did not confer individual rights.”
Grant v. City of Roanoke, 265 F. Supp. 3d 654 (W.D. Va. 2017). “See 20 U.S.C. § 1234c(a). In holding that the PERPA’s nondisclosure provisions do not create enforceable rights, the Supreme Court first determined that PERPA’s nondisclosure provisions “lack the sort of ‘rights-creating’ language critical to showing the requisite congressional…”
— 20 U.S.C. § 1234c(a)(1) — 2 cases
Krakauer v. State Ex Rel. Comm'r of Higher Educ., 2016 MT 230 (Mont. 2016). “See 20 U.S.C. § 1234c(a)(1). ¶21 Krakauer is seeking records related to a specific student’s disciplinary proceedings, and the Commissioner argues that Krakauer’s particular request fell squarely under FERPA’s prohibitions.”
REX - Real Est. Exch. Inc v. Zillow Inc (W.D. Wash. 2023).
— 20 U.S.C. § 1234c(a)(2) — 1 case
United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002). “Instead, 20 U.S.C. § 1234c(a) provides that *808 the Secretary may take the following actions when a recipient of funds fails to comply with the FERPA: (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel…”
— 20 U.S.C. § 1234c(a)(3) — 1 case
United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002). “Instead, 20 U.S.C. § 1234c(a) provides that *808 the Secretary may take the following actions when a recipient of funds fails to comply with the FERPA: (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel…”
— 20 U.S.C. § 1234c(a)(4) — 2 cases
United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002). “Instead, 20 U.S.C. § 1234c(a) provides that *808 the Secretary may take the following actions when a recipient of funds fails to comply with the FERPA: (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel…”
United States v. Sec'y Florida Agency for Health Care Admin., 938 F.3d 1221 (11th Cir. 2019). “at 807–08 (citing 20 U.S.C. § 1234c(a)(4)). The court concluded that this language “expressly” permitted the Secretary to sue to enforce FERPA “in lieu of its administrative remedies.”
— 20 U.S.C. § 1234c(a)(l) — 2 cases
United States v. Miami Univ. Ohio State Univ., the Chronicle of Higher Educ., Intervening, 294 F.3d 797 (6th Cir. 2002). “Instead, 20 U.S.C. § 1234c(a) provides that *808 the Secretary may take the following actions when a recipient of funds fails to comply with the FERPA: (1) withhold further payments under that program, as authorized by section 1234d of this title; (2) issue a complaint to compel…”
Krakauer v. State Ex Rel. Comm'r of Higher Educ., 2016 MT 230 (Mont. 2016). “See 20 U.S.C. § 1234c(a)(1). ¶21 Krakauer is seeking records related to a specific student’s disciplinary proceedings, and the Commissioner argues that Krakauer’s particular request fell squarely under FERPA’s prohibitions.”
— 20 U.S.C. § 1234c(c) — 1 case
Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979). “§ 2623 (b); 20 U.S.C. § 1234c(c); 42 U.S.C. § 300j-7(c); 42 U.”
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