The CIPA was passed by Congress for the purpose of protecting school children using the Internet by requiring schools and libraries to implement Internet safety measures in order to be eligible for discounted rates on Internet services. The statute and the rules require schools receiving discounted Internet access and internal connections services to certify that an Internet safety policy which monitors the online activities of minors and which implements certain Internet safety technology measures is being enforced. The certification is due to the FCC by October 28, 2001.
Under the
federal statute and the applicable FCC rules, an Internet safety
policy that complies with CIPA must include the following Internet
safety technology protection measures.
If a school cannot have these measures in place by the certification deadline (October 29, 2001), the school must certify that it is undertaking such actions, including any procurement procedures, to put them in place for the following year. A school has only one year to come into compliance or the school will be ineligible for discounts or funding in lieu of services at a discounted rate. Once the school comes into compliance with the requirements of CIPA, the school will be eligible once again for discounts.
However, if a school knowingly fails to ensure that the use of their computers complies with the standards set forth in CIPA, the school will not only be ineligible for discounts, but the school will also be required to reimburse any funds and discounts received during the period of non-compliance. Such reimbursement will not come from the service providers who initially receive the federal money supporting the discounts; rather, the school that knowingly fails to comply will itself be responsible for the reimbursement. When compliance with the requirements is achieved, the school will once again be eligible for discounts.
CIPA also requires a school board to provide public notice regarding the adoption of an Internet safety policy and hold at least one public meeting to address such policy. If, however a school has already held a hearing on an Internet safety policy that meets the requirements of CIPA then the school has complied with CIPA's notice and requirement and does not need to hold another meeting. The exception to the public notice and meeting requirements only applies if the policy that was implemented complies with CIPA.
The statute and the rules provide for waivers in limited circumstances where procurement of such services is problematic. Guidelines for issuance of waivers are very strict.