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U.S. Supreme Court Upholds Constitutionality of Universal Service Fund for E-Rate

The long-awaited verdict from the U.S. Supreme Court is in regarding a 5th Circuit decision that the Universal Service Fund (USF) was unconstitutional.

Friday’s 6-3 ruling in favor of an FCC appeal of the lower court’s ruling for now safeguards school bus Wi-Fi eligibility under E-Rate. The program provides discounts of 20 to 90 percent on the costs of internet connectivity, as well as equipment installation based on a school district’s poverty level and rural location.

The 5th Circuit had ruled that the $9 billion per year USF, the accounting and funding mechanism for E-Rate based on fee collection and the Universal Service Administration Company represented taxation not approved by Congress. The Court disagreed.

As reported by Broadband Breakfast, Justice Elana Kagan wrote that the 1996 amendment of the Communications Act, “provided the Commission with clear guidance on how to promote universal service using carrier contributions. Our precedents do not require more.”

But school bus Wi-Fi proponents aren’t out of the woods yet. Sen. Ted Cruz has led the charge in Congress questioning the constitutionality of expanding E-Rate beyond the original intent of funding internet in classrooms and libraries, arguing that Wi-Fi on school buses could lead to unsupervised access to inappropriate content like TikTok. But school bus Wi-Fi providers and users counter that robust content filters in unison with school district networks block inappropriate student internet searches.

The Education and Libraries Networks Coalition (EdLiNC) applauded the U.S. Supreme Court’s decision to uphold the constitutionality of the USF.

“Today’s ruling marks a victory—but not the end of the work. EdLiNC urges Congress, the FCC, and policymakers at all levels to continue protecting and modernizing the E-Rate program and the broader USF,” EdLiNC stated. “Ensuring sustained, affordable broadband access for schools and libraries is not just a policy imperative—it is a moral one. E-Rate remains one of the federal government’s most effective tools for promoting educational opportunity. We look forward to working with federal leaders to uphold and expand this critical program for the benefit of every learner, in every zip code.”


Related: School Bus Wi-Fi in Flux?
Related: Trusty Confirmed to FCC as School Bus Wi-Fi Future Hangs in Balance
Related: Update: Senate Approves Stripping Individual Wi-Fi Hotspots from E-Rate Program
Related: Iowa’s Largest School District Mulls Future of School Bus Wi-Fi Program
Related: FCC Approves Funding of School Wi-Fi in E-Rate Program


The Universal Service Program was created by Congress in 1996 with the passage of the Telecommunications Act and is administered by the FCC. It has since served to provide funds to libraries and schools to have basic internet connections.

Over the years, the FCC has updated E-Rate to fund not only connected libraries and schools but also to cover services like installing Wi-Fi hotspots throughout school buildings. However, school buses, despite their frequent mention as extensions of the classroom had never been included under the same umbrella, and school transportation has remained left out of the funding pool, until former FCC Chairwoman Jessica Rosenworcels’ Learning Without Limits initiative passed in 2023.

The post U.S. Supreme Court Upholds Constitutionality of Universal Service Fund for E-Rate appeared first on School Transportation News.

(STN Podcast E263) Not an Easy Button: Expert Gives School Bus Routing Technology Tips

Legislative and geopolitical updates that will affect school bus Wi-Fi, clean fuel decisions, bus manufacturing and more.

Kerry Somerville, CEO of Transportation Planning Solutions, shares tips on routing technology, AI and data security. Join him for a deep dive in his “School Bus Routing 101” session at STN EXPO West on July 11, 2025.

Read more about routing and see the STN EXPO agenda.

This episode is brought to you by Transfinder.


 

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The post (STN Podcast E263) Not an Easy Button: Expert Gives School Bus Routing Technology Tips appeared first on School Transportation News.

Trusty Confirmed to FCC as School Bus Wi-Fi Future Hangs in Balance

The Senate confirmed Olivia Trusty to fill out the remaining 13 days of former Federal Communications Commission chairwoman Jessica Rosenworcel’s term and join the board for a full five-year term starting July 1.

Rosenworcel resigned from the board and as FCC’s first female chair in January. She served on the board from 2012 to 2017 when she was re-confirmed for another term and then was named chairwoman.

A Democrat, Rosenworcel was a leading proponent of school bus Wi-Fi and advocated for its inclusion in E-Rate funding. Her two fellow Democrats on the board at the time cast the deciding votes in 2023 over the objection of their two Republican counterparts to extend E-Rate discounts on internet equipment, installation and service to school bus Wi-Fi.

While Wi-Fi continues to be an approved use, a case before the U.S. Supreme Court on the applicability of the Universal Service Fund could determine its future. Congressional Republicans have also signaled their intent to introduce legislation that would revisit the issue.

Meanwhile, Trusty was nominated by President Trump in January, and the Senate confirmed her by a vote of 53-45 on May 18. Trusty’s five-year term begins July 1.

Trusty joins FCC after serving as policy director for the Senate commerce, science and transportation committee. She is also a telecommunications policy analyst.


Related: A Supreme (Court) Debate Impacting Internet on School Buses?
Related: Benefits of School Bus Wi-Fi Discussed at STN EXPO
Related: FCC’s Rosenworcel Renews E-Rate Funding Push for School Bus Wi-Fi
Related: FCC Chairwoman Rosenworcel Pushes for E-Rate Funding of School Bus Wi-Fi


Prior to Trusty’s confirmation, the FCC was down to two commissioners. Republican Chair Brendan Carr, an FCC commissioner since 2017 and prior to that FCC’s general counsel, was confirmed as chairman in January. Carr was joined by Democrat Anna Gomez, who joined the FCC in September 2023.

Democrat Geoffrey Starks announced in January he was also resigning. His last day was June 6, the same day Republican Nathan Simington abruptly resigned. Trusty shifts the FCC to a 2-1 Republican majority.

Rosenworcel also officially retired in January, around the same time Trump tapped Trusty to replace her.

The post Trusty Confirmed to FCC as School Bus Wi-Fi Future Hangs in Balance appeared first on School Transportation News.

School Bus Wi-Fi in Flux?

By: Mark Rowh

The government giveth, and the government taketh away? That may be the case for the future of school-bus Wi-Fi, which currently is eligible for E-Rate discount under the Federal Communication Commission’s Universal Services Fund.

Whether that will continue is now uncertain due to court cases challenging the validity of the USF funding model. In late March, the U.S. Supreme Court heard arguments on an appeal of a 5th Circuit decision that the Universal Service Fund’s revenue mechanism represents an unconstitutional delegation of legislative authority.

The nation’s highest court is expected to rule by next month on whether that decision should be upheld. If the circuit court ruling is upheld, it would be a blow not only to school bus based Wi-Fi but also to other services supported by USF, especially E-Rate. The program provides discounts of 20 to 90 percent on the costs of internet connectivity for schools and libraries, low-income consumers and those in rural areas needing online access to health care providers. The FCC, which oversees USF, added school bus Wi-Fi to E-Rate in late 2023, with discounts awarded for the current school year.

Recent Movement
Looking specifically at school bus Wi-Fi, the opportunity to obtain federal support has been a relatively recent prospect. During the pandemic, the FCC’s $7.171 billion Emergency Connectivity Fund (ECF) program, authorized by Congress in the American Rescue Plan Act of 2021, provided support for schools and libraries that included funds for equipping school buses with Wi-Fi connections.

After the public health emergency expired, the Democractic-majority FCC board approved the use of E-Rate funds to equip school buses for online access.That represented an expansion of boundaries for the long-standing E-Rate program, which was authorized by Congress as part of the Telecommunications Act of 1996 and created by the FCC in 1997.

The more recent expansion has opened new avenues of support for school districts across the country. In the 2024 fiscal year, the FCC received 405 requests for school bus Wi-Fi equipment and services totaling more than $19 million, according to figures reported by the Universal Service Administrative Company, the entity created by FCC to administer the USF and at the heart of the current legal case in front of the Supreme Court.

Awards come in the form of discounts rather than grants. For school districts, this can mean discounts of 20 to 90 percent on the costs of equipment and required fees, with the greater percentages targeted to districts serving economically disadvantaged areas.

While funding for Wi-Fi on buses represents only a small portion of overall USF funds, it has provided welcome support for a practice that some feel can be a boon to student success.

“Wi-Fi-equipped buses turn travel time into productive learning time, helping students complete homework and extend learning beyond school walls,” said Keith Krueger, CEO of CoSN, short for the Consortium for School Networking. “Our members have witnessed the benefits of  mobile broadband access during bus rides in diverse communities across the country, from California to Alabama.”

He pointed out that in a digital society, ensuring universal internet access is vital. “Wi-Fi on school buses is one important tool to help close the digital divide,” added Krueger, who addressed STN EXPO West attendees on the topic last summer.

That has been the case for Farmington Municipal Schools in New Mexico, where several different funding sources have been supplemented by the federal funds. The school district first deployed wireless routers in nine buses and then, with satisfactory results, expanded
to its entire 90-bus fleet. The district used Title 1 funds, then federal Elementary and Secondary Schools Emergency Relief funds, and most recently E-Rate funds to fund the expansion.

“We’ve received a lot of compliments from parents who tell us they’re happy when their children are home and have already completed their homework,” said Billy Huish, transportation supervisor.

Farmington covers 808 square miles and services 20 campuses. More than 6,500 of the district’s 11,000 students use school bus transportation every day. Some students face a 30- to 45-minute drive to and from their schools, while others live as far as two hours away. For after-school sports, it sometimes takes three hours to get to games. Given all that time in transit, it makes good sense to provide online access to middle and high school students with MacBooks and elementary students with iPads.

“We consider it critical to provide students wireless internet access on school buses,” Huish said. “Our students are not getting out of school and just riding home. They’re getting on the bus and continuing to learn and get their work done.”

At Henrico County Public Schools in the Richmond, Virginia area, 50 of the district’s 606 buses are equipped to provide Wi-Fi. Director of Pupil Transportation Jim Ellis said that initially, obtaining the equipment was not a priority from his viewpoint, with the impetus coming from district IT staff, which wanted to take advantage of E-Rate funds. But Ellis has been pleased by the results.

“It’s turned out better than I expected,” he said. “I’ve been surprised to see the number of logins.” Ellis added that when it comes to his fleet’s overall needs, an investment in Wi-Fi only makes sense for a limited number of buses.

“We have it on our buses that are having the longest runs,” Ellis noted. “That involves transporting kids to and from specialty centers, so they’re on the bus a little longer than everybody else.”

Complex Issue
Although advocates of funding bus-based Wi-Fi may feel its value is a no-brainer, others have voiced serious concerns. Rather than viewing online access for students through an educational lens, opponents, including prominent Republican politicians, see it as a threat. They argue not only that they believe this an unconstitutional use of federal funds, but access to online content raises red flags. Opponents claim that, at best, internet access will simply allow students to waste time rather than to complete school assignments. What’s even more problematic, they say, is the likelihood that children will gain access to all the unhealthy content the internet has to offer, from inappropriate web content to an avenue
for bullying.

To address such concerns, providers of broadband service offer filters that limit access to restricted content in conjunction with the school district network. This solution hasn’t gained acceptance with opponents, however, who believe children are adept at getting around such barriers.

In addition to the battle in the courts, a separate concern is that the FCC may remove school-bus-based Wi-Fi from the E-rate Eligible Services List. That’s a definite possibility given previous opposition voiced by new Republican FCC commissioners who now make up the board majority and could attempt to reverse the approval under the Learning WIthout Limits initiative.

“We anticipate that as soon as the FCC has five commissioners, the chairman will move to eliminate this flexibility,” said Noelle Ellerson Ng, associate executive director, advocacy and governance for AASA, the School Superintendents Association. This doesn’t mean Wi-Fi would be prohibited on school buses, but an important funding stream could disappear.

“If you pay for it, you’ll be able to have Wi-Fi,” Ellerson Ng explained. “But you’ll need to use all local dollars without any federal support.”

CoSN’s Krueger agreed that removing school bus Wi-Fi and mobile hotspots as eligible services would hamper a useful tool that’s a key part of some districts’ connectivity efforts for students. If that happens, he said his organization urges school transportation leaders to file comments with the FCC opposing the change and highlighting the educational and behavioral benefits of Wi-Fi on school buses.

Krueger said he also feels that if the U.S. Supreme Court rules against the current system, the E-rate program is unlikely to be eliminated outright.

“Instead, Congress will most likely step in to modernize the funding structure through new legislation,” he noted. “Members of both parties strongly support the Universal Service Fund, which not only helps schools and libraries through E-Rate but also homes and businesses in sparsely populated rural areas, rural health clinics and very low-income households.”

He added that such a decision would require a significant policy debate that could directly affect funding for E-Rate-eligible services, including Wi-Fi on school buses.

“School transportation leaders should consider adding their voice to the debate if the Supreme Court upholds the 5th Circuit’s decision undermining the program,” Krueger said.

Moving Ahead
Given the uncertainty of future funding, transportation leaders face options going forward. For those who see value in the potential offered by school bus Wi-Fi, one strategy might be to move as quickly as possible to qualify while funds are still available.

Ellerson Ng at AASA pointed out that even if Wi-Fi is ruled ineligible for future support, it’s possible funds would still be in the pipeline for the coming school year before a full cutoff could be implemented, potentially for the 2026-2027 school year.

Another approach would be to proceed entirely with local funding. That of course could make Wi-Fi on school buses a harder sell when competing with the many budget demands faced by every school district. Should funding be possible, though, the benefits seem obvious.

“If funding is available, school districts should apply for it to enhance student learning by making school buses an extension of the classroom,” Huish advised.

Editor’s Note: As reprinted in the May 2025 issue of School Transportation News.


Related: (Recorded Webinar) How to Fund & Implement School Bus WiFi
Related: A Supreme (Court) Debate Impacting Internet on School Buses?
Related: Benefits of School Bus Wi-Fi Discussed at STN EXPO
Related: Webinar Addresses School Bus Wi-Fi Myths, E-Rate Funding

The post School Bus Wi-Fi in Flux? appeared first on School Transportation News.

(STN Podcast E259) Feel the Passion: Debates on Wi-Fi, Technology, Alternative Transportation & Safety

Is school bus Wi-Fi letting kids get on TikTok as Sen. Ted Cruz claims, or is it a valuable way to extend the classroom and provide students with educational access?

Chris Ellison, director of transportation and fleet services at Reynolds School District in Oregon, shares high-level insights from serving as a delegate to the just-completed 17th National Congress on School Transportation. He discusses the passionate conversations and votes on emerging technology, alternative transportation, safety equipment and more.

Read more about NCST.

This episode is brought to you by Transfinder.

 

 

Stream, subscribe and download the School Transportation Nation podcast on Apple Podcasts, Deezer, Google Podcasts, iHeartRadio, RadioPublic, Spotify, Stitcher and YouTube.

The post (STN Podcast E259) Feel the Passion: Debates on Wi-Fi, Technology, Alternative Transportation & Safety appeared first on School Transportation News.

Iowa’s Largest School District Mulls Future of School Bus Wi-Fi Program

Des Moines Public Schools in Iowa may need to reconsider a new school bus Wi-Fi program that relies on federal E-Rate discounts amid recent congressional resolutions and a pending case before the U.S. Supreme Court.

It is a conundrum facing hundreds of school districts across the U.S. that rely on the funding to help their students with internet connectivity issues so they can finish their homework.

Phil Roeder, the school district’s director of communications and public affairs, said E-Rate is crucial to the success of the “DPMS On the Go” service that launched earlier this school year. In January, the district announced Wi-Fi hotspots on 126 school buses and additional mobile units on passenger vans.

E-Rate covered 90 percent of the approximate $600,000 cost for the equipment, installation, wireless data service and “other,” which the Universal Service Administrative Company that manages E-Rate defines as hardware licensing. With an estimated cost of $500,000 in subsequent years for maintenance and new systems, Roeder explained that DPMS may need to reconsider the investment.

“If these funds are removed, the district will need to consider alternatives at a time when there is already a lot of uncertainty related to education funding,” he commented in an email. “At best, we may have to consider maintaining limited connectivity in a more targeted fashion, such as our IT and transportation departments identifying routes that have the greatest need and usage in order to focus resources. At worse, of course, school bus Wi-Fi could come to an end.”

Nationwide, over $63.6 million in E-Rate discounts have funded over 2,900 school bus Wi-Fi applications across 36 states and Puerto Rico. School districts may receive numerous discounts for each school bus they are equipping based on the hardware, installation and data costs. Des Moines is one of a dozen districts in Iowa that received E-Rate discounts for this school year.

Earlier this year, Samantha Sonnichsen, director of transportation for DPMS, noted many students spend hours riding to and from class on school buses. “Now, students will have the opportunity to access Wi-Fi and complete homework for the next day,” she added.

But for how much longer? At least through next school year, as a recent Senate resolution and a companion House resolution only target external hotspot connectivity devices that some students take home with them so they and their families can access Broadband internet. But school bus Wi-Fi is expected to be targeted during the next congressional session.

The primary goal of the Des Moines program is expanding internet access for students without reliable home connectivity, either because they live in underserved rural areas or their families can’t afford it. The benefits of Wi-Fi extend beyond academics. While not eligible for E-Rate funding, Des Moines is also using Wi-Fi for like real-time GPS, live camera access for emergency monitoring and driver tools to reroute buses quickly during traffic delays or severe weather. These features create a more secure and connected commute for both students and drivers, the district said in a statement.

“We live in a time where Wi-Fi is no longer a luxury but a necessity,” Matt Smith, associate superintendent of school support services for DMPS, said in January. “By equipping our buses, we’re ensuring that students, especially those without home internet, can keep up with their studies.”

The program was developed with support from the district’s IT team and Kajeet, a leading provider of filtered educational Wi-Fi. Students are limited to safe, education-only browsing and access is tied to their student login credentials, syncing activity with the school network to prevent misuse.

However, a looming legal challenge could upend the program’s future faster than the legislative ones. A case currently before the U.S. Supreme Court questions the constitutionality of the Universal Service Fund (USF) that finances the E-Rate program. Critics, including several federal lawmakers, argue the FCC has overstepped its original charter by using the USF to subsidize off-campus internet infrastructure like school bus Wi-Fi.

As noted in a recent STN podcast episode featuring AASA’s Noelle Ellerson Ng, this case could have ripple effects nationwide, especially for districts like Des Moines that are already relying on E-Rate to support long-term implementation.

“This is about more than hardware on buses,” Ellerson Ng said during the podcast. “It’s about whether digital equity continues to be prioritized at the federal level—because without E-Rate, many of these programs become unsustainable.”


Related: Benefits of School Bus Wi-Fi Discussed at STN EXPO
Related: FCC Approves Funding of School Wi-Fi in E-Rate Program
Related: Directors Discuss Navigating Wi-Fi Purchases, E-Rate Funding at STN EXPO Indy

Dr. Ian Roberts, superintendent for Des Moines Public Schools, waves to children on a departing school bus.
Dr. Ian Roberts, superintendent for Des Moines Public Schools, waves to children on a departing school bus. The district said Wi-Fi hotspots are a necessity for students who don’t have internet access at home to complete their coursework.

The post Iowa’s Largest School District Mulls Future of School Bus Wi-Fi Program appeared first on School Transportation News.

Update: Senate Approves Stripping Individual Wi-Fi Hotspots from E-Rate Program

By: Ryan Gray

Editor’s note: A previous version of this story inaccurately included school bus Wi-Fi as being stripped from E-Rate. 

Sen. Ted Cruz and fellow Republicans in Congress view Wi-Fi hotspots as an overstep of the federal E-Rate program, which was originally mandated to serve the internet needs of students at school campuses and libraries. 

The senator from Texas notched an initial victory in his attempt to prohibit the funding of individual hotspot devices that school districts send home with students who don’t have affordable or any high-speed broadband access Thursday.  Senate Joint Resolution 7 passed by a vote of 50-38 with 12 senators not casting votes. It does not include a provision prohibiting school bus Wi-Fi.

Using the Congressional Review Act, Cruz and 15 other Republican senators—including co-sponsor Senate Majority Leader John Thune of South Dakota—await the fate of a companion bill in the House, H.J. Resolution 33, to void the Federal Communication Commissions’ “Addressing the Homework Gap Through the E-Rate Program” published in the Federal Register last August.

If the House version proceeds, both chambers would need to reconcile any differences in committee before approving a final version for President Donald Trump’s signature.

A spokesperson for internet connectivity company Kajeet noted that the resolutions don’t impact school districts that have already completed required paperwork to obtain E-Rate discounts for school bus Wi-Fi equipment scheduled to be installed this summer for next school year. But Congress could revisit school bus Wi-Fi at a later date.

In 2023, then FCC Commissioner Jessica Rosenworcel’s advanced her “Learning Without Limits” initiative that included an expansion of E-Rate to provide 20- to 90-percent discounts for school bus Wi-Fi equipment purchases and installations, depending on if the location is urban or rural and the economic needs of the community. The Democrat-majority FCC board approved a declaratory ruling that October, and school bus Wi-Fi was included under E-Rate for the current school year.

But congressional Republicans led by Sen. Cruz say E-Rate funding is tantamount to “subsidizing TikTok on school buses.” He also claims USF spending is out of control and was instrumental in filing a lawsuit against FCC alleging that school bus Wi-Fi promotes student online bullying, a case that made it all the way to the U.S. Supreme Court this spring.

However, FCC mandates content filtering and adherence to the Children’s Internet Protection Act.

Kajeet issued a statement Thursday that the Senate approval of the CRA represents “a setback to efforts aimed at funding off-campus student Wi-Fi hotspots through E-Rate.” The wireless connectivity provider also urged the House to “carefully consider the compelling data demonstrating the effectiveness and safety of managed hotspots.”

Kajeet said its cloud-based Sentinel content filtering, management and analytics platform blocked billions of student attempts last year to access Tik Tok and other non-educational sites. The company added that thousands of schools and libraries have already applied for E-Rate funding next year, and a reversal of the off-campus Wi-Fi could impact more than 6 million people nationwide.

“We fully recognize the significant impact this E-Rate reversal for hotspots will have on districts’ carefully laid plans to provide essential off-campus connectivity,” said Kajeet CEO Ben Weintraub. “By honoring E-Rate pricing, we aim to provide immediate stability and empower districts to continue their indispensable programs without disruption, ensuring that no student is left behind.”

David Schuler, executive director of AASA: The School Superintendents Association, said during a Thursday press conference held outside Capitol Hill rolling back the FCC policy will have a “devastating impact” on the 15 million students and families nationwide who rely on E-Rate for internet access outside the school building. He added nearly 20,000 schools and libraries have already applied for E-Rate funding for hundreds of thousand of hotspots.

“If this resolution passes, those applications, those children will be left offline and left behind,” he said. “Our nation continues to grapple with the digital divide that disproportionately affects low income rural and historically underserved students. Now is not the time to roll back access and connectivity.”


Related: (STN Podcast E246) Internet is Foundational: Why Universal Services Fund Matters to School Buses
Related: Benefits of School Bus Wi-Fi Discussed at STN EXPO
Related: Directors Discuss Navigating Wi-Fi Purchases, E-Rate Funding at STN EXPO Indy
Related: FCC Releases Eligible Services List for E-Rate School Bus Wi-Fi Funding

The post Update: Senate Approves Stripping Individual Wi-Fi Hotspots from E-Rate Program appeared first on School Transportation News.

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