What if the school refuses to provide directory information to the military and/or refuses to allow access equal to that granted to colleges and prospective employers?
NCLB, which provides the legal authority for military recruiting in schools, does not prescribe penalties for schools that refuse to comply. However, another federal law authorizes the U.S. Secretary of Education to withhold payments, issue cease and desist orders and recover funds from any State Educational Authority (i.e. State Department of Education) “[w]henever the Secretary has reason to believe that any recipient of funds . . . is failing to comply substantially with any requirement of law applicable to such funds.” [Title 20, United States Code, Section 1234(c)(a)] The State Department of Education might seek to force a school to comply with NCLB by withholding from the school those federal funds that are funneled through that State Department of Education. To reiterate, any enforcement, including loss of funding, would have to go through the respective State Educational Authority. The NDAA has no provision for withholding funds, but it does provide for a series of visits from
