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Ed-Tech Policy

E-Rate Is in Legal Jeopardy. Here鈥檚 What Schools Stand to Lose

By Lauraine Langreo 鈥 August 14, 2024 1 min read
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More than 106,000 of the nation鈥檚 schools benefited over a three-year period on a source of federal tech funding to set up and maintain internet connectivity that is now under legal threat.

That鈥檚 one key data point in a new fact sheet released by the Federal Communications Commission in response to a 9-7 ruling by the . The 5th Circuit ruled that the funding mechanism for the FCC鈥檚 or USF, which finances the E-rate, a federal program critical to K-12 broadband connectivity, amounts to a 鈥渕isbegotten tax鈥 and is unconstitutional.

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Photo of teenage girl using laptop computer in school library.
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The USF, which is financed through fees on certain telecommunications services, funds different programs aimed at providing telecommunications services to schools, libraries, rural hospitals, people living in poverty, and people in remote rural areas.

The FCC is expected to appeal the ruling to the U.S. Supreme Court.

Consumers鈥 Research, a conservative nonprofit watchdog organization that brought the lawsuit against the FCC, believes the role of setting the tax to fund the E-rate and other USF programs belongs to Congress, rather than the FCC and the Universal Service Administrative Company, a private entity the agency tapped to determine how much to charge telecommunications companies.

FCC Chairwoman Jessica Rosenworcel called the decision 鈥渕isguided鈥 and said the agency 鈥渨ill pursue all available avenues for review.鈥

A coalition of more than a dozen education organizations, including the Consortium for School Networking and AASA, the School Superintendents Association,

The decision 鈥渃ould lead to cutting off broadband access for tens of millions of students, educators, and library patrons,鈥 a statement from the coalition said.

Here are a few key figures about the E-rate program and its impact on schools, according to the .

$7 billion    The amount of E-rate funding schools and libraries received between 2022 and 2024 for broadband connectivity.

106,000    The number of schools nationwide that received E-rate funding between 2022 and 2024.

California, Texas, New York, Alaska, and Florida    The five states that received the most E-rate funding between 2022 and 2024: California, $911 million; Texas, $612 million; New York, $481 million; Alaska, $451 million; and Florida, $373 million.

California, Texas, Florida, New York, and Illinois    The five states with the highest numbers of students and schools benefiting from E-rate funding: California, 6.5 million students, 11,600 schools; Texas, 5.8 million students, 9,500 schools; Florida, 3.1 million students, 4,480 schools; New York, 2.9 million students, 5,800 schools; and Illinois, 2 million students, 4,490 schools.

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