Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 4 — Limitation on Availability of Certain Funds for Schools

SEC. 2441. INTERNET SAFETY.

    (a) IN GENERAL- No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both —

      (1)(A) has in place a policy of Internet safety for minors that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are —

        (i) obscene;

        (ii) child pornography; or

        (iii) harmful to minors; and

      (B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and

      (2)(A) has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are —

        (i) obscene; or

        (ii) child pornography; and

      (B) is enforcing the operation of such technology protection measure during any use of such computers.

    (b) TIMING AND APPLICABILITY OF IMPLEMENTATION-

      (1) IN GENERAL- The local educational agency with responsibility for a school covered by subsection (a) shall certify the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 2000, and for each subsequent program funding year thereafter.

      (2) PROCESS-

        (A) SCHOOLS WITH INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE- A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this Act.

        (B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE-

          (i) CERTIFICATION- A local educational agency with responsibility for a school covered by subsection (a) that does not have in place an Internet safety policy meeting the requirements of subsection (a) —

            (I) for the first program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place an Internet safety policy that meets such requirements; and

            (II) for the second program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this Act, shall certify that such school is in compliance with such requirements.

          (ii) INELIGIBILITY- Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements.

        (C) WAIVERS- Any school subject to a certification under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that subparagraph. The local educational agency concerned shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is applying for funds under this part.

    (c) DISABLING DURING CERTAIN USE- An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.

    (d) NONCOMPLIANCE-

      (1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES- Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may —

        (A) withhold further payments to the recipient under this part;

        (B) issue a complaint to compel compliance of the recipient through a cease and desist order; or

        (C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements,

      in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act.

      (2) RECOVERY OF FUNDS PROHIBITED- The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure.

      (3) RECOMMENCEMENT OF PAYMENTS- Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph.

    (e) DEFINITIONS- In this subpart:

      (1) COMPUTER- The term computer' includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.

      (2) ACCESS TO INTERNET- A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network that has access to the Internet.

      (3) ACQUISITION OR OPERATION- An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly —

        (A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or

        (B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.

      (4) MINOR- The term minor' means an individual who has not attained the age of 17.

      (5) CHILD PORNOGRAPHY- The term child pornography' has the meaning given that term in section 2256 of title 18, United States Code.

      (6) HARMFUL TO MINORS- The term harmful to minors' means any picture, image, graphic image file, or other visual depiction that—

        (A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

        (B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

        (C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

      (7) OBSCENE- The term obscene' has the meaning applicable to that term under section 1460 of title 18, United States Code.

      (8) SEXUAL ACT AND SEXUAL CONTACT- The terms sexual act' and sexual contact' have the meanings given those terms in section 2246 of title 18, United States Code.

    (f) SEVERABILITY- If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.'.

SEC. 202. CONTINUATION OF AWARDS.

    Notwithstanding any other provision of this Act or the Elementary and Secondary Education Act of 1965, in the case of —

      (1) a person or entity that, prior to the date of enactment of this Act, was awarded funds appropriated under the Department of Education Appropriations Act, 2001 for new teacher recruitment initiatives; or

      (2) a person or agency that, prior to the date of enactment of this Act, was awarded a grant or contract under part K of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331 et seq.),

    the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the award period terminates.


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Last Modified: 09/15/2004