Supreme Court Upholds Protections for Schools and Libraries in Broadband Access Case
SEF Supported Case to Enforce E-Rate Program Rules
February 25, 2025
Contact: Alan Richard, arichard@southerneducation.org, (202) 641-1300
Atlanta – In a major victory for public schools and libraries nationwide, the U.S. Supreme Court ruled unanimously that a lawsuit against AT&T subsidiary Wisconsin Bell can proceed, reinforcing key protections that prevent corporations from overcharging certain public institutions—such as public K-12 schools and local libraries— for broadband services.
The Southern Education Foundation (SEF) played a key role in advocating for the rights of public school students by filing an amicus brief alongside the Schools, Health, and Libraries Broadband Coalition, InnovateEDU, Digital Promise, and TNTP, Inc. The case, Wisconsin Bell, Inc. v. United States of America ex rel. Todd Heath, centers on enforcing federal safeguards that ensure schools, particularly those serving a high percentage of low-income students, have affordable access to internet services through the E-Rate program—a critical resource that helps bridge the digital divide.
At issue was whether participants in the E-Rate Program are subject to the False Claims Act, a key enforcement tool to protect public funds from fraud. Wisconsin Bell is accused of overcharging schools and libraries by tens of millions of dollars – the evidence of which was scarcely disputed in the lower court. The Supreme Court’s ruling ensures that whistleblower cases like this one can be pursued to protect public education resources from corporate exploitation.
Established in 1996, the E-Rate program provides subsidies to help schools and libraries afford high-speed internet access, with funding covering up to 90% of costs based on poverty levels. Today, E-Rate supports 106,000 schools and 12,500 libraries, impacting 54 million students, nearly half of whom reside in the South.
Without these protections, millions of students—particularly those from historically marginalized communities—risk losing access to digital learning tools. The COVID-19 pandemic underscored the importance of E-Rate funding, as many schools depended on internet connectivity for digital in-person instruction and remote learning.
“We are pleased the Court has affirmed the legal protections necessary to prevent corporations from taking advantage of schools and libraries, particularly in underserved communities,” said Raymond Pierce, President and CEO of the Southern Education Foundation. “This ruling is about more than just one lawsuit. It’s about protecting the E-Rate Program that was created to ensure all students have access to the technology they need to learn and succeed in today’s digital world. In the mid-1990s, Congress foresaw the need for such a program to bridge the digital divide, and the E-Rate has been successful in doing just that.”
From its founding in 1867, SEF has worked to expand educational opportunities for Black and low-income students. Today, that mission includes advocating for policies that protect public education funding, combat the digital divide,and ensure that every student—regardless of zip code—has access to the resources they need to compete in the modern economy.
“Access to high-speed internet is no longer a privilege—it’s a necessity for learning,” said Pierce. “This ruling underscores the importance of federal protections in ensuring all students, especially those living in low-income communities, are not left behind.”
SEF was represented pro bono by Goldman Ismail Tomaselli Brennan & Baum LLP in the filing of this brief.
For more information, visit Southern Education Foundation.
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Founded in 1867, the Southern Education Foundation is a 501(c)(3) nonprofit organization supported by partners and donors committed to advancing equitable education policies and practices for students of color and students from low-income families in the South and across the nation.