“Wi-Fi on Wheels”: Shrinking the Homework Gap
By Madeline Strasser
Around 17 million kids across the country have little to no internet access at home, leaving them to fall into the “homework gap.” [1] On Thursday, October 19, 2023, the Federal Communications Commission (FCC) took a major step to closing the homework gap and announced that it will allow E-Rate funds to be used for providing Wi-Fi on school buses starting in funding year 2024.[2] This expansion of E-Rate funds will benefit millions of students, particularly in rural areas, who have long commutes on school buses every day.[3] Keith Krueger, CEO of the Consortium for School Networking, has projected that the average school bus ride for students is around forty minutes both to and from school.[4] With Wi-Fi on school buses, students will now be able to use the time they spend on a school bus every day to access their homework assignments. The FCC is hopeful that the addition of Wi-Fi on school buses will close the disparities in homework completion and lead to more academic success.[5]
The FCC’s E-Rate program was established in 1997 and is authorized by Congress through the Telecommunications Act of 1996.[6] Through the E-Rate program, eligible schools may apply for discounts to purchase telecommunications and internet services.[7] Section 254(h)(1)(B) of the Act establishes that an E-Rate supported service must be for educational purposes.[8] Section 254(h)(2)(A) of the Act establishes that the supported service should be primarily used to support connectivity.[9] While the E-Rate program does not normally support off-campus services, there have been limited circumstances where the Commission has allowed the use of E-Rate funds outside of the classroom.[10] Based on its past actions, the Commission has determined that adding Wi-Fi to school buses is an eligible use of E-Rate funds under the Section 254 standards.[11]
The measure was supported by Chair Jessica Rosenworcel, a Democrat, along with the two other Democratic Commissioners.[12] Both Republican Commissioners opposed the measure.[13] The Republican Commissioners argued that expanding the E-Rate program to support Wi-Fi on school buses goes against Congress’ intent in creating the E-Rate program.[14] They also expressed skepticism that children will actually do their homework while on the school bus rather than socialize with their friends.[15] Republican Members of Congress have also expressed their opposition arguing that the addition of Wi-Fi to school buses would increase student’s access to “risky and detrimental social media apps” under minimal supervision.[16] However, schools are sharing that this fear is unfounded.[17] A school district transportation director in New Mexico, stated that last year students in his school district collectively spent more than 63,000 hours visiting homework sites using school bus Wi-Fi and a filter used by the school district was able to block all attempts to access banned platforms like social media sites.[18]
With advanced technologies creating greater needs for students, this expansion of the E-Rate program is a critical step in expanding the list of advanced technologies eligible for E-Rate discounts. The Chairwoman has also proposed a pilot program to provide up to $200 million over three years to provide advanced cybersecurity services to schools and libraries.[19] This measure is awaiting a full vote of the Commission for approval.[20]
Madeline Strasser is a 2L at Vanderbilt University Law School from Rockville, Maryland.
[1] Jessica Rosenworcel, Addressing the Homework Gap, Federal Communications Commission (Feb. 1, 2021), https://www.fcc.gov/news-events/notes/2021/02/01/addressing-homework-gap.
[2] FCC Announces E-Rate Funding Can Support Wi-Fi on School Buses, FCC News (Oct. 19, 2023), https://docs.fcc.gov/public/attachments/DOC-397825A1.pdf.
[3] See Zachary Schermele, Wi-Fi on the Way to School: How FCC Vote Could Impact Your Kid’s Ride on the School Bus, USA Today (Oct. 20, 2023, 9:14 AM), https://www.usatoday.com/story/news/education/2023/10/19/fcc-funding-wifi-school-buses/71240028007/.
[4] Lexi Lonas & Rebecca Klar, Republicans Take on FCC over Proposal to Add Wi-Fi to School Buses, The Hill (Oct. 9, 2023, 6:00 AM), https://thehill.com/homenews/education/4242184-republicans-fcc-wifi-school-buses/.
[5] See Schermele, supra note 3.
[6] See 47 U.S.C. § 151.
[7] See E-Rate – Schools & Libraries USF Program, Federal Communications Commission, https://www.fcc.gov/general/e-rate-schools-libraries-usf-program.
[8] See 47 U.S.C. § 254(h)(1)(B).
[9] See 47 U.S.C. § 254(h)(2)(A).
[10] FCC Fact Sheet Clarifying the Use of Wi-Fi on School Buses is Eligible for E-Rate Funding, Federal Communications Commission (Sept. 28, 2023), https://docs.fcc.gov/public/attachments/DOC-397311A1.pdf.
[11] See id.
[12] Alyson Klein, FCC: Schools Can Use E-Rate Funds to Cover WiFi on Buses, EducationWeek (Oct. 19, 2023), https://www.edweek.org/technology/fcc-schools-can-use-e-rate-funds-to-cover-wifi-on-buses/2023/10.
[13] Id.
[14] Id.
[15] Id.
[16] Lexi Lonas & Rebecca Klar, Republicans Take on FCC over Proposal to Add Wi-Fi to School Buses, The Hill (Oct. 9, 2023, 6:00 AM), https://thehill.com/homenews/education/4242184-republicans-fcc-wifi-school-buses/.
[17] See id.
[18] Id.
[19] FCC Chairwoman Rosenworcel Takes Steps to Protect Schools Against Cyber Attacks, FCC News (July 12, 2023), https://docs.fcc.gov/public/attachments/DOC-395069A1.pdf.
[20] See id.