Safe Keeping Blog

On August 11, 2011, the Federal Communications Commission (FCC) released and later amended a Report and Order regarding E-rate funds which required in part that, “Beginning July 1, 2012, schools’ Internet safety policies must provide for educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.” For more detailed information about the FCC’s requirements, refer to the FCC’s Report and Order, and Forms 479 and 486 (and the related instructions).

What does the FCC’s Report and Order, effective July 1, 2012, mean for schools seeking E-rate funds?  In short, if they have not already done so, schools must now ensure that their internet safety policies are updated to meet the requirements of the Children’s Internet Protection Act (CIPA).  Specifically, with the new requirements (underlined below), the internet safety policy must:

•  Address access by minors to inappropriate matter on the Internet and Web
•  Provide for the safety and security of minors when using email, chat rooms, and other e-communications
•  Deal with unauthorized access and other unlawful online activities by minors
•  Address unauthorized disclosure, use, and dissemination of personal information regarding minors
•  Identify measures designed to restrict minors’ access to harmful materials
•  Enable monitoring of minors’ online activities
•  Provide for the education of minors about appropriate online behavior, including when interacting on social networking websites and in chat rooms
•  Provide for the education of minors about cyberbullying awareness and response

While schools should review the FCC’s specific certification requirements and/or consult their legal counsel for assistance with FCC filings, the FCC’s addition of an educational requirement should come as no surprise to educators and administrators who undoubtedly recognize the importance and value of education, whether about “traditional” classroom topics or electronic communications.

This is not to say, however, that the FCC requires the policies themselves to be educational materials, or that schools must use some type of “E-rate compliant curriculum” or risk being subject to penalties or an audit.  To the contrary, the FCC’s Report and Order specifically states that “although a school’s Internet safety policy may include the development and use of educational materials, the policy itself does not have to include such materials.”  Furthermore, the FCC recognizes that schools are in the best position to determine “specific procedures or curriculum . . . to use in educating students about online behavior.”

Ultimately, during this time of tremendous technological change and transition, it is encouraging that the FCC’s new requirements for E-rate funds are not particularly onerous, but recognize the need for further education and, thereby, encourage educators to do what they do best.
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Penelope Glover is a Senior Associate with Atkinson, Andelson, Loya, Ruud & Romo’s Education Law Practice Group, which represents school districts, county offices of education, professional education organizations and community colleges throughout California.  In addition to training and advising clients on technology and human resources issues, Ms. Glover regularly conducts independent investigations into alleged claims of misconduct by students and staff.  Ms Glover also assists schools with the development and implementation of policies and practices which are consistent with current law and changing technologies.