Legislators approve temporary broadband fix

BOISE - Idaho budget writers have approved a nearly $3.6 million stopgap measure to maintain broadband access in public high schools for the rest of this school year.

According to Rep. Luke Malek, R-Coeur d'Alene, the Idaho Education Network Legislative Task Force that he sits on is still faced with finding a long-term solution to providing broadband in public schools.

"I anticipate there will be more stages to this," Malek said. "But this funding (Tuesday) will get us through the rest of this school year."

The Joint Finance Appropriations budget committee, which Malek also sits on, voted Tuesday to provide funding to Idaho's Superintendent of Public Instruction's office to reimburse schools for procuring their own broadband service throughout fiscal year 2015.

The vote marked a significant transition in who will oversee the state's broadband program in the near future and how it will be implemented. Previously, the statewide broadband program was housed inside the Department of Administration.

A Feb. 11 court decision reaffirmed a prior ruling that the department violated Idaho's procurement laws while finalizing the $60 million contract.

"It was a matter of confidence. ... The decision really settled on who could best help school districts," said Sen. Dean Cameron, R-Rupert, who co-chairs the state's budget committee. "But I wouldn't read too much into it for how it works in the long-term."

The ruling has left lawmakers and education officials scrambling to find a way to maintain broadband access in Idaho schools by Feb. 22, when the current broadband provider will shut down the system.

Several attempts to salvage a statewide program over the past few months have been blocked because state law prohibits spending taxpayer dollars on voided contracts.

Further adding to the broadband mess is the ultimatum presented by the broadband vendors. Unless they get paid for the past few months of service, CenturyLink and Education Networks of America say they will shut off service on Feb. 22.

After Tuesday's decision, lawmakers agreed that it would be up to local school districts to negotiate their own broadband services at least until the end of fiscal year 2016.

Malek said the $3.6 million will only provide enough funding to get through July 1, when fiscal year 2016 begins.

"What happens from there, we don't know yet." Malek told The Press after the meeting.

Malek said when the courts ruled to void Idaho's contract with the broadband providers, the federal government withheld funding that was needed to support the program.

"To restore access to the federal money it was key to have a clean break from this contract," Malek said.

Paul Headlee, with the state's independent Legislative Services Office, said the money approved Tuesday will not be used to pay the vendors.

The committee will address a funding solution for the 2016 fiscal year later during this legislative session - known as a bridge contract - before the state finds a long-term permanent solution.

"Whatever we come up with will have to be a long-term solution that the schools can rely on," Malek said, adding the long-term solution will also have to be adaptable to changing trends in technology.

The program, known as the Idaho Education Network, or IEN, provides broadband access to more than 200 Idaho public high schools.

It has set up schools with video teleconference equipment, which allows teachers to offer classes to students across the state and increase the amount of dual-credit classes students can take to help prepare for college.