Any and all internet service providers shall make available free-of-charge broadband and data services for any and all students of the Commonwealth who 1) are currently enrolled in public, private, or charter elementary, secondary, vocational, and post-secondary schools within the Commonwealth, 2) are now unable to attend school as a result of COVID-19, and 3) do not currently have at-home access to internet services. A student is “unable” to attend school if the school has closed, the student does not feel safe attending an open school, or the student was displaced to another town or state as a result of the virus.
The intent of this legislation is to ensure that students across the Commonwealth can access their fundamental right to an education. While the state recognizes a procedural due process right for internet service providers in collecting payment, the state interest in quickly providing services to the Commonwealth’s vulnerable children in order to protect their substantive due process rights during a time of crisis is paramount.
This legislation will expire at the end of the state of emergency in Massachusetts.
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