Download EdLiNC's Comments on E-Rate Funds for Remote Learning during COVID-19 and more Lecture notes Law in PDF only on Docsity!
Before the Federal Communications Commission Washington DC 20554 In the Matter of ) ) Universal Service Contribution Methodology ) WC Docket No. 21- Comments of the Education & Libraries Networks Coalition (EdLiNC) I. INTRODUCTION The Education and Library Networks Coalition (EdLiNC) 1 , a group comprised of the leading public and private education associations and the American Library Association that was formed in 1995 to advocate for the interests of schools and libraries in the Telecommunications Act of 1996, is pleased to provide these comments to the Wireline Competition Bureau’s Public Notice (Notice) on petitions for emergency relief to allow the use of E-Rate funds to support remote learning during the COVID-19 pandemic^2. Since the enactment of the E-Rate as part of the Telecommunications Act of 1996, EdLiNC has pursued a mission of promoting and improving the E-Rate to fulfill its mission of accelerating the deployment of advanced telecommunications and information services in schools and libraries, and has filed in every Commission rulemaking related to the program. EdLiNC also filed comments in the Commission’s 2016 Lifeline Modernization proceeding, focusing our proposals on elements of this rulemaking related to bridging the homework gap. As is reflected in our comments below, EdLiNC believes: 1) The COVID-19 pandemic necessitates that the Bureau take immediate steps to assist the millions of K-12 students, educators and library patrons who lack home access to the Internet -- termed the “Homework (^1) See Appendix A for a complete list of EdLiNC members. (^2) Public Notice , WC Docket No. 21-31 (2021) (Notice).
Gap -- gain access to remote learning; 2) The existing E-Rate program provides the structure and some of the funding necessary for schools, school districts and public libraries to help bridge the homework gap by purchasing for students, educators and library patrons: advanced telecommunications and information services, including off-campus connectivity; Wi-Fi hotspots; modems; routers, devices that combine modems and routers; and connected devices including laptop computers and tablet computers (hereinafter “Homework Gap technologies and services”); 3) The Bureau has the authority and should use it to designate Homework Gap technologies and services as eligible services under the E-Rate program and should immediately add them to the E-Rate Eligible Services List; 4) The Bureau has the authority and should use it to quickly open an emergency application filing window to allow E-Rate eligible applicants to apply for support for Homework Gap technologies and services; 5) The Bureau has the authority and should use it to establish emergency rules and waive existing program rules to facilitate the dissemination of funding for Homework Gap technologies and services; and 6) The Bureau has the authority and should use it to repurpose unused E-Rate funds held in reserve and uncollected and unapplied for E-Rate funds from E-Rate Program Year 2020 for the purchase of Homework Gap technologies and services. Finally, in the interest of expediency, we recommend that the Bureau not issue an additional Public Notice to implement these proposed changes to the E-Rate program to support Homework Gap needs; instead, we believe that you can and should rely upon the record created by this Notice to move forward. II. EDLINC BELIEVES THAT THE COVID-19 PANDEMIC NECESSITATES THAT THE BUREAU TAKE IMMEDIATE STEPS TO ASSIST THE MILLIONS OF K-12 STUDENTS, EDUCATORS AND LIBRARY PATRONS WHO LACK HOME ACCESS TO THE INTERNET -- TERMED THE “HOMEWORK GAP” -- GAIN ACCESS TO REMOTE LEARNING. Even before the COVID-19 pandemic, the homework gap was experienced by nearly 17 million K-12 students who couldn’t finish their schoolwork from home because they lacked internet access or an appropriate computing device.^3 COVID-19 has created a new reality; (^3) See Common Sense Media, “The Homework Gap: Teacher Perspectives on Closing the Digital Divide,” available at https://www.commonsensemedia.org/sites/default/files/uploads/kids_action/homework-gap-report-2019.pdf
And it appears highly likely that the demand for remote learning and the need to close the homework gap will persist even after the current school year ends. A December 2020 Rand Corporation report found: “About two in ten districts have already adopted, plan to adopt, or are considering adopting virtual school as part of their district portfolio after the end of the COVID-19 pandemic. District leaders cited reasons related to student and parent demand for continuing various forms of online instruction in future years.”^6 Libraries also report that they are currently examining whether to permanently incorporate virtual programming for patrons that they implemented as a result of the pandemic. For all of these reasons, EdLiNC believes that it is imperative that the Bureau move quickly to help resolve the homework gap before students without home Internet access lose more learning time and prepare for a future where remote learning remains an important and necessary educational option. III. EDLINC BELIEVES THAT THE E-RATE PROGRAM PROVIDES THE STRUCTURE AND SOME OF THE FUNDING NECESSARY FOR SCHOOLS, SCHOOL DISTRICTS AND PUBLIC LIBRARIES TO HELP BRIDGE THE HOMEWORK GAP BY PURCHASING FOR STUDENTS, EDUCATORS, AND LIBRARY PATRONS: ADVANCED TELECOMMUNICATIONS AND INFORMATION SERVICES, INCLUDING OFF-CAMPUS CONNECTIVITY; WI-FI HOTSPOTS; MODEMS; ROUTERS; DEVICES THAT COMBINE MODEMS AND ROUTERS; AND CONNECTED DEVICES INCLUDING LAPTOP COMPUTERS AND TABLET COMPUTERS (HEREINAFTER “HOMEWORK GAP TECHNOLOGIES AND SERVICES”). As the facts above make clear, the Homework Gap still afflicts many across this country and there are at least two basic steps that need to be taken to remedy this situation: 1) provide students, teachers and library patrons without a connection in their homes the appropriate (^6) Rand Corporation, “Remote Learning is Here to Stay: Results from the First American School District Panel Survey,” (December 2020) at https://www.rand.org/pubs/research_reports/RRA956-1.html
technology, including a computer if necessary, to allow them to connect to the Internet to engage in online teaching and learning; and 2) provide them with support for the cost of Internet service that is fast enough for them to connect by video to online learning. To that end, EdLiNC has supported the Emergency Educational Connections Act legislation, introduced last year by Senator Ed Markey (D-MA) and Rep. Grace Meng (D-NY), which would establish an emergency fund to assist with bridging the homework gap and authorize the appropriation of significant funds through the E-Rate program for schools and libraries to purchase the aforementioned Homework Gap technologies and services. We believe the provision of such technologies and services to be critical for helping millions of students, their teachers and library patrons engage in online learning and urge the Bureau to use its authority immediately to start the program envisioned by those bills, using the E-Rate program to deliver Homework Gap technologies and services and devoting unused and uncollected E-Rate funds to pay for them. EdLiNC’s members are unified in our belief that the 22-year old E-Rate program represents the best option to fairly, equitably and swiftly disseminate funding to public and private schools and public libraries to alleviate the continuing problem of the Homework Gap. As the coalition representing E-Rate program beneficiaries and supporting organizations, we remain deeply committed to preserving the E-Rate program and are very deliberate in consideration of proposals that would permanently change the program, changes that could undermine E-Rate’s core mission of ensuring connectivity in schools and libraries. We have historically opposed any encroachment on E-Rate out of concern it would waste limited E-Rate funding sources and/or cause confusion among applicants. The COVID-19 and the related shuttering of schools and libraries and wide-spread pivot to online/remote learning have caused us to re-evaluate our stances and to support temporary changes to the program to help these deserving students, teachers, and library patrons who lack home internet access Based on our long experience with the program, we know that it is best suited to be used during this crisis because: schools and libraries know and trust the E-Rate and understand how to navigate its application process; the program’s structure was build on and continues to operate under equity principles that assure that those most in need gain access to funding; the
purposes” is defined as activities that are “integral, immediate, and proximate to the provision of library services to library patrons.”^9 According to Burbio, more than 60% (35.2% virtual only, 25.1% hybrid, and 39.7% in-person) of K-12 students participate in school from home each day or several days each week.^10 As a result, EdLiNC submits that the Homework Gap technologies and services necessary to connect students and teachers at home are not only integral, immediate and proximate to the education of students without home Internet access but are prerequisites for many of them receiving any education at all. Similarly, the majority of libraries have moved their programs and services online, connecting with patrons, including students and teachers, virtually. The provision of such services now requires that library patrons have home Internet connections. Thus, we contend that the Bureau can and should designate Homework Gap technologies as E-Rate eligible services and should add them to the program’s Eligible Services List for the duration of this COVID-19 pandemic. Further, we note that the Commission previously allowed temporary E-Rate eligibility for one of the most important of these critical services, off-campus Internet access, through its 2011- Learning-on-the-Go wireless pilot program. In its July 11, 2011 Order launching the program, the Bureau wrote: “As the Commission noted in the Schools and Libraries Sixth Report and Order, we believe these projects serve an educational purpose by enabling innovation in learning outside the boundaries of school buildings and the traditional school day, as well as enabling the library system to innovate with new models of delivering service to library patrons.”^11 In our view, the COVID-19 crisis makes it even more imperative now that the Commission recognize off-campus eligibility as serving an educational purpose in the same way it did so a decade ago in far less troubled times. (^9) Schools and Libraries Universal Service Support Mechanism , CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9208, para. 17 (2003) ( Schools and Libraries Second Report and Order ) (clarifying the meaning of educational purposes); 47 CFR § 54.500 (defining “educational purposes”). (^10) Burbio School Opening Tracker, at https://info.burbio.com/school-tracker-update-feb-8/ (^11) E-rate Deployed Ubiquitously 2011 Pilot Program Order, WC Docket No. 10-222, para. 6 (2011)
V. EDLINC BELIEVES THAT THE BUREAU HAS THE AUTHORITY AND SHOULD USE IT TO
QUICKLY OPEN AN EMERGENCY APPLICATION FILING WINDOW TO ALLOW E-RATE
ELIGIBLE APPLICANTS TO APPLY FOR SUPPORT TO PURCHASE HOMEWORK GAP
TECHNOLOGIES AND SERVICES.
We believe the Bureau can and must move fast to disseminate Homework Gap funds through E-Rate as the COVID-19 pandemic crisis continues to disrupt in-person school and much of daily life. To that end, we urge the Bureau to open an emergency application window as quickly as possible so that E-Rate eligible applicants can apply to receive support for Homework Gap technologies and services. We also recommend that the Bureau allow this application window to remain open to receive applications on a rolling basis until the end of the COVID-19 public health emergency or the exhaustion of available funding, whichever occurs last. There is ample precedent for the Bureau to open emergency filing windows. As recently as this past Fall, the Bureau issued an Order that stated, part: “ Recognizing the many challenges facing schools as they shift to full or partial remote learning during this school year, we direct USAC to open a second funding year 2020 application window to allow schools to request additional E-Rate discounts for the limited purpose of purchasing additional bandwidth to meet the unanticipated and increased demand for on-campus connectivity…”^12 The Bureau’s action was founded on at least two other Orders issued by the Commission to deliver relief in extraordinary natural disaster situations. In response to a series of three hurricanes that devastated parts of Texas, Georgia and Florida and all of Puerto Rico and the US Virgin Islands in 2017, the Commission ordered USAC to open a second FY17 application window so that directly impacted applicants could request additional E-Rate discounts for the replacement of products and services.^13 After Hurricane Katrina ravaged Alabama, Louisiana and Mississippi, the Commission reopened the Funding Year 2005 filing window for E-Rate, increased the eligible discount rate of all affected eligible applicants to 90%, and waived a number of other (^12) Schools and Libraries Universal Support Mechanism , CC Docket No. 02-6 (2020) (^13) Schools and Libraries Universal Service Support Mechanism , CC Docket No. 02-6, Order, 32 FCC Rcd 9538, 9546, para. 11.
EdLiNC recommends further that the Bureau use its authority to establish a 100% discount rate for all eligible E-Rate applicants seeking funding for Homework Gap technologies and services. The E-Rate’s rules require that all E-Rate eligible applicants pay between 10% and 80% of E-Rate Category I services and between 15% and 80% for Category II services in order to ensure that applicants value the services for which they seek support and don’t gold-plate their requests. EdLiNC has always supported this discount matrix in the context of the existing E-Rate program but here, in the midst of a terrible pandemic, we believe it more important that all schools and libraries are able to take advantage of Homework Gap support, including those who lack sufficient budget to pay the undiscounted percentages required ordinarily under the E-Rate program’s rules. With many states, school districts, individual schools and libraries struggling financially owing to the economic downturn, we believe it unfair and unnecessary to add to their financial burdens by demanding they pay for some portion of the Homework Gap technologies and services they request, even if their undiscounted share is only 10%. Their students and teachers should not have to wait to connect from their homes while they scramble to come up with additional funding to partially defray for technologies and services that they did not contemplate having to purchase. To support our recommendation, we draw your attention to precedent for increasing the discount rate set in the Hurricane Katrina order, where the Commission increased the discount rate to 90% for all affected applicants. Additionally, the Bureau could help protect against gold plating and obviate the need for a below 100% discount rate by setting reasonable parameters on what the program will bear for some of the most expensive Homework Gap technologies and services, particularly laptop computers. For all of these reasons, we support a 100% discount for all eligible E-Rate applicants applying for Homework Gap support. On a related matter, EdLiNC is concerned by reports that some schools and libraries have purchased devices that lack the computing power for video-conferencing, which is the way so many students attend school these days. Therefore, we recommend that the Bureau refer to minimum device specifications issued by major videoconference companies and issue guidance
to ensure that all devices purchased for Homework Gap have sufficient power for students, teachers and library patrons to participate in educational video-conferencing. Finally, we recommend the Bureau waive certain existing E-Rate program rules that would unnecessarily erect obstacles to disbursing rapidly Homework Gap funds through the E-Rate. Specifically, we suggest that the Bureau waive the E-Rate Competitive Bidding and Bid Evaluation Rules, which require all E-Rate applicants to undergo a time-consuming and rigorous E-Rate service provider bidding process, including a 28-day Form 470 posting period, over and above the policies and procedures required of them by their state and local procurement rules. EdLiNC believes that state and local procurement rules are sufficiently rigorous to prevent waste, fraud and abuse in the program and ensure that E-Rate’s precious resources are not misspent. As we have argued repeatedly in this filing, we believe that time is of the essence in disbursing Homework Gap support and that, in this emergency situation, we should waive the Competitive Bidding and Bid Evaluation Rules and recede to the state local procurement rules that govern school and library purchases. We recommend further that the Bureau consider waiving program rules related to invoicing, implementation and application deadlines as necessary as well as the program rules related to documentation and documentation retention. Finally, if the Bureau allows off-campus Internet access support, we suggest that it waive the Internet access cost-allocation requirement. VII. EDLINC BELIEVES THAT THE BUREAU HAS THE AUTHORITY AND SHOULD USE IT TO REPURPOSE UNUSED E-RATE FUNDS HELD IN RESERVE ACCOUNTS AND UNAPPLIED FOR E-RATE FUNDS FROM E-RATE PROGRAM YEAR 2020 FOR SCHOOLS AND LIBRARIES TO PURCHASE HOMEWORK GAP TECHNOLOGIES AND SERVICES. Finally, EdLiNC urges the Bureau to carefully review for their availability to be used for Homework Gap support all currently reserved E-Rate funds as well as Program Year 2020 funds for which applicants have not applied and which the Commission has not yet collected. With no assurance of additional funds arriving from Congress soon, we feel it is incumbent on the
Appendix A EdLiNC Member Organizations AASA: The School Superintendents Association (AASA) American Federation of School Administrators (AFSA) American Federation of Teachers (AFT) American Library Association (ALA) Association of Educational Service Agencies (AESA) Association of Latino Administrators and Superintendents (ALAS) Association of School Business Officials International (ASBO) CoSN -- the Consortium for School Networking (CoSN) Council of Chief State School Officers (CCSSO) International Society for Technology in Education (ISTE) National Association of Elementary School Principals (NAESP) National Association of Independent Schools (NAIS) National Association of Secondary School Principals (NASSP) National Catholic Educational Association (NCEA) National Education Association (NEA) National PTA (PTA) National Rural Education Advocacy Coalition (NREAC) National Rural Education Association (NREA) United States Conference of Catholic Bishops (USCCB)
