What Happens if a College Violates the Drug-Free Schools Rules?

A college or university that fails to certify its drug prevention program is not eligible to receive federal funds or other federal financial assistance, and one that violates the program rules can face sanctions up to repayment of federal funds and termination of eligibility (34 CFR 86.5 and 86.301). The rules are the Department of Education's Drug-Free Schools and Campuses Regulations.

What counts as a violation. An institution violates the rules if it receives federal financial assistance without having submitted the required certification, or if it fails to carry out its drug prevention program, including failing to consistently enforce its disciplinary sanctions (34 CFR 86.300).

Department responses. The Secretary may respond to a violation by providing technical assistance or by entering into a compliance agreement with the institution (34 CFR 86.301(a)). The Secretary may also impose sanctions, including requiring repayment of federal financial assistance received by the institution when it was in violation, or terminating any form of federal financial assistance (34 CFR 86.301(b)).

Eligibility. An institution that fails to submit the certification is not eligible to receive federal funds or any other form of federal financial assistance (34 CFR 86.5).

Program elements. The required program elements and annual notice are listed in the FAQ on the Drug-Free Schools and Campuses program requirements. The biennial review, which checks whether sanctions are consistently enforced, is covered in the FAQ on the biennial review.

Related topics. Employers that receive federal grants have a separate drug-free workplace duty, and the FAQ on drug-free workplace program components describes workplace program elements.