In 2001, Microsoft Corporation faced numerous antitrust lawsuits in various states concerning the prices it charged for its products. In 2003 and 2004, Microsoft entered into settlement agreements with consumers and businesses in many states and the District of Columbia to resolve those class action suits. Under the terms of the settlement agreements, Microsoft agreed to provide vouchers to enable people to purchase certain hardware and software products. However, eligible consumers and businesses did not take steps to obtain the vouchers. Therefore, the states have been effectively holding millions of dollars of unclaimed funds. Under the terms of a “cy pres” provision in the settlement agreements, states can give a portion of the unclaimed vouchers to certain schools to purchase hardware and software products. Every state will handle the vouchers differently and will establish state-specific criteria for how schools can claim the money.
As of February, 2007, eight (8) states have published specific rules for, or made determinations about, school eligibility and distribution of the technology funds: California, Florida, Massachusetts, Minnesota, Nebraska, North Carolina, Tennessee and Vermont. Of these, California has more than $400M to grant to schools; Vermont $4.7M, Minnesota $55.2M and Florida more than $80M. In addition, technology vouchers will likely soon be issued in five (5) states, including Arizona, the District of Columbia, Kansas, New Mexico and North Dakota. Finally, four (4) states will likely have voucher programs in the future, after the respective courts approve the settlement of the underlying dispute, including Arkansas, New York, West Virginia, and Wisconsin.
California has established a specific process to approve providers and Safari Video Networks, a division of Library Video Company, is an approved provider of products and services for both information technology and professional development. While no California school has yet to have their SAFARI Montage server and software paid for under this program, we have every reason to expect that the hardware and software will meet the criteria outlined below.
Background. The California Department of Education’s Education Technology K-12 Voucher Program will distribute approximately $400-600M, in the form of vouchers, to public schools to enable the schools to purchase computer hardware, software, or technology maintenance, professional development or other related services. The technology funds are available as a result of a settlement agreement in an antitrust case against Microsoft. The purpose of the program is to help districts acquire and implement technology designed to improve student achievement and promote effective teaching.
Eligible Schools. California schools meeting the following three criteria will be eligible to receive the technology vouchers:
Eligible Products and Services. Schools can redeem the vouchers for a variety of technology-related goods and services. The program allows schools to obtain reimbursement for many different types of technology; therefore, the program is platform neutral and schools may use the vouchers for any platform the school specifies. The vouchers will be issued in two categories: 50% percent of the cy pres funds will be in the form of General Purpose Vouchers and 50% percent will be in the form of Software Vouchers.
Products that are eligible for reimbursement with General Purpose Vouchers include certain hardware, non-custom software for that hardware, information technology services, and professional development services. The Settlement Claims Administrator has the authority to make all determinations about which products will be reimbursed under the program. As a general rule, however, eligible hardware includes new laptops, desktops, printers, scanners, monitors, keyboards, networking and infrastructure equipment like routers, servers and network cards. IT support services generally involves the installation and maintenance of the hardware purchased under the program.
Products that are eligible for reimbursement with Software Vouchers include the following categories of software: operating systems, servers, web-authoring, word processing, spreadsheet and presentation programs.
Schools may use vouchers to purchase extended warranties and service agreements.
Approved Providers. Schools may only use the vouchers to acquire information technology and professional development services from a set of approved providers. California has established a specific process to approve providers and Safari Video Networks, a division of Library Video Company, is an approved provider of products and services for both information technology and professional development.
Reimbursement Process. There is a three step process for schools to receive technology funds under the program: (1) apply for vouchers under the program; (2) purchase the products or services; (3) submit a voucher redemption form.
Florida will soon send vouchers to eligible schools. Schools may be able to use these vouchers to purchase a wide variety of products and services, including those offered by Library Video Company.
Overview. Education Commissioner John L. Winn announced on August 17, 2006 that Microsoft will provide more than $80 million in technology vouchers to Florida public schools. Approximately 1,790 schools, educating more than 1.1 million Florida students, will be eligible to receive the vouchers. A school will be deemed eligible if at least half of the students at that school were entitled to receive a free or reduced price lunch during the 2004-2005 school year. Districts will likely be able to use the vouchers to receive reimbursement for technology-related purchases such as computer equipment, desktops, laptops, and software. Schools will also likely be able to use the vouchers for professional development services, which will include curriculum development and training services for school administrators. Half of the vouchers will be used for software and half for hardware and other services.
Process. The Florida Department of Education mailed applications to superintendents in September. The applications required the superintendents to verify a variety of information, including the total number of students eligible for free or reduced price lunch in the superintendents’ district. The superintendents were responsible for completing and returning the application by December 18, 2006. After the application process is complete, the Florida Department of Education will send vouchers. At the present time, Florida anticipates mailing vouchers on April 17, 2007. Although the vouchers will be mailed to the school district, the vouchers will be earmarked for each specific eligible school.
Vouchers are designed to cover the actual purchase price of a product and, therefore, cannot be used for taxes, fees or shipping. Upon receipt of the vouchers, the school districts can either purchase products and submit the vouchers for the new products or simply submit the vouchers for products previously purchased (provided that the schools purchased the products after April 15, 2003). When submitting vouchers, school districts must include a receipt and a proof of purchase. In the event software is bundled with hardware, the school district must include a vendor certification, which states: “We hereby certify that the price charged for each software item is no greater than our standard academic price, or if an academic price is not available, is the normal or standard price for such software.” The schools must also complete the requested information on the back of the voucher, sign and date it. All vouchers and requests for reimbursement must be submitted to the Settlement Administrator by June 17, 2010. Florida estimates that it will take between six to eight weeks to process and mail the reimbursement check.
Eligible Products.The Settlement Administrator recommends that school districts fax product descriptions to the administrator prior to purchase for consideration. School districts can fax these product descriptions at any time, to (503)350-7895.
Massachusetts has sent vouchers to eligible schools. Schools may be able to use those vouchers to purchase a wide variety of products and services, including those offered by Library Video Company.
In 2004, Microsoft settled a class action suit with consumers in the state of Massachusetts. As a result of that settlement, Microsoft agreed to provide one-half of all unclaimed vouchers to schools in low-income communities. Only eligible school districts are entitled to receive vouchers; school districts will be deemed eligible if at least 50% of the students are eligible for free or reduced-price lunch.
The Microsoft Settlement Administrator sent application forms to superintendents in eligible districts requesting the superintendents to verify the number of students who would be entitled to receive a free or reduced-price lunch. Subsequently, the Settlement Administrator sent vouchers to those districts that completed the application.
The current pool of vouchers is estimated to be $16 million. Schools can use the vouchers to purchase a broad range of software, hardware, and technology services. The schools may use the vouchers to purchase Microsoft products, but schools are not required to do so – schools can use the vouchers to purchase technology products from any vendor. However, schools must purchase the products (or services) and request reimbursement by February 21, 2009. Although Massachusetts has not published detailed information about the voucher program, the correspondence sent by the Settlement Administrator provides all necessary information about qualifying products and services, as well as instructions for redeeming the vouchers.
The Massachusetts Department of Education published a statement that it "encourages schools to use this funding in accordance with the districts' long-range technology plans." Therefore, schools should consult the technology plans and refer to the Local Technology Plan Guidelines posted here: www.doe.mass.edu/edtech/tplanguide04_07.html.
Minnesota has determined that schools may use technology vouchers to purchase certain SAFARI Montage products, including the SAFARI Montage Servers, SAFARI Montage CreationStation and SAFARI Montage WAN Manager software.
Background. In 2004, Microsoft entered into a settlement agreement with consumers in the state of Minnesota, thereby concluding a class action antitrust suit. Under the terms of the settlement, Minnesota consumers and businesses that purchased certain Microsoft software were eligible to receive vouchers to purchase new computer hardware or software. After the deadline for the public to request vouchers closed, half the value of the unclaimed vouchers was made available to the Minnesota Department of Education through a “cy pres” fund. The purpose of the program is to enable all public schools in Minnesota to benefit from technology, particularly those schools in districts with low-income households.
Eligible Schools. To be eligible to receive technology vouchers, a school must have reported that one or more of its students were eligible to receive free and/or reduced lunch in its Fall 2004-2005 Special Populations Report filed with, and approved by, the State.
Voucher Issuance. The court-appointed Settlement Claims Administrator released vouchers to Minnesota schools under the Minnesota Microsoft Cy Pres Program in January 2006. Thereafter, the Minnesota Department of Education allocated approximately $55 million in the form of vouchers to 467 schools in the state based on the percentage of students eligible for the National Lunch Program. The list of the specific voucher amounts per school and per district can be found here: education.state.mn.us/mde/static/Final 1st Cy Pres Calculations 011806_2.xls. The dollar amount of the awar\ds to schools depended on the number of free and reduced price lunch students at each school and varied significantly in amount, based upon the concentration of poverty in each district. The awards ranged from $225 to $376,340. In addition, the University of Minnesota will receive $2.5M in cash and $2.5M in vouchers for technology development purposes.
Each district was required to distribute the technology vouchers to eligible schools based upon the ratio of the total percentage of free and reduced price lunch eligible students in each school to the total award to the district, as further delineated by the Department of Education.
Eligible Products and Services. The technology vouchers are platform neutral and may be used by eligible schools to purchase a wide variety of computer software and hardware products. Specifically, schools may use the vouchers to purchase any of the eligible products from numerous companies listed on the Minnesota cy pres program password-protected web site at www.MicrosoftMNMDE.com. Schools must verify product eligibility prior to making technology purchases. Schools may also contact the Claims Administrator at 1.800.858.3765 to verify product eligibility. When a school makes a product inquiry, the school and the Settlement Parties will review the request to determine if the product falls within the eligibility requirements defined within the Settlement Agreement. (To view the Settlement Agreement, log onto the www.MicrosoftMNMDE.com website and click on the Settlement Agreement link on the left side of the page. Information on the Cy Pres Program is located on pages 36-49 of the Settlement Agreement.)
The following products are eligible products (as of February, 2007): https://secureweb.rustconsulting.com/MicrosoftCyPres/Docs/20061107%20Cy%20Pres%20Eligible%20Products.pdf. The list shows that SAFARI Montage products are eligible products, including: Safari Montage Servers, Safari Montage Core Content, SAFARI Montage CreationStation and SAFARI Montage WAN Manager software.
The following products have been found to be non-eligible Products: https://secureweb.rustconsulting.com/MicrosoftCyPres/Docs/20061107%20Cy%20Pres%20Non%20Eligible%20Products.pdf
Limitations and Requirements for Using Vouchers.| Hardware | Software | |
|---|---|---|
| ALLOCATED | $27,601,389 | $27,601,389 |
| EXPENDED | $11,049,507 | $7,133,363 |
| ENCUMBERED/UNSPENT | $16,551,882 | $20,468,026 |
Under the terms of the Montana voucher program, school districts may submit reimbursement vouchers for purchases of qualifying hardware and software from March 25, 2003 to November 25, 2007. According to the Montana Office of Public Instruction, districts may only submit requests for reimbursement one time per calendar year. Nearly one quarter of Montana public schools will receive more than $6 million in technology vouchers as a result of the Montana Microsoft Settlement. Nearly 325 Montana schools serving more than 38,325 students will be eligible to receive assistance. Montana’s public schools will be eligible to receive vouchers if at least 50% of their students qualify for the federal free and reduced-price school lunch programs. Eligible schools will receive vouchers to use on a wide variety of computer hardware, software, and professional development services. Although the reimbursement process in Montana has not yet been published, Montana has allocated the settlement funds among its schools. Accordingly, details of the specific voucher program may be available soon.
Nebraska schools have multiple opportunities to receive Microsoft settlement funds. First, private and public schools can receive direct product-purchase vouchers as a result of the settlement of the class-action lawsuit. The class members in that lawsuit alleged the Microsoft engaged in a variety of unlawful pricing and unfair trade practices. Although Microsoft denied the allegations, it settled the suit for $22.6 million, awarded in technology vouchers. These vouchers will enable consumers and businesses to receive refunds for both computer hardware and software purchases. Under terms of the settlement, schools were deemed to be consumers, and therefore, entitled to file direct claims to receive vouchers. The deadline to file claims was January 16, 2006.
Schools can redeem the vouchers for computer hardware and software purchases made between March 25, 2005 and January 16, 2010. Individual organizations in Nebraska have advised schools how to obtain and redeem the vouchers. For example, the Nebraska Catholic Conference has advised schools on the redemption procedures.
After the deadline passed to receive direct product vouchers, Nebraska and Microsoft calculated the total of all claims filed and found a balance of approximately $20 million. Pursuant to the settlement agreement, Microsoft was allowed to retain half of the balance. The other half, approximately $10 million, will be distributed to Nebraska’s “eligible schools.” The settlement agreement defined eligible schools as public elementary and secondary schools in Nebraska having at least 50 percent of its students eligible for free or reduced-price meals through the National School Lunch Program. However, the Nebraska Catholic Conference filed an objection in court, petitioning that the settlement be amended to include private schools that met the qualifying criterion as “eligible schools.” Thereafter, the parties agreed to amend the settlement and awarded benefits to such private schools. There are at least 14 eligible Catholic schools that will receive approximately $157 per every enrolled student.
According to an article published by QED, entitled, "Microsoft Settlement Funds," dated January 2007, Omaha Public schools will receive nearly 4.6 million and Lincoln Public Schools will receive approximately $1 million. The article further stated that Grand Island, with 8,000 students, will receive more than $700,000 in technology vouchers.
In 2003, Microsoft settled a class action suit in the state of North Carolina. Under the terms of the settlement agreement with the consumers and businesses in North Carolina, Microsoft agreed to provide vouchers in the amount of $89 million. The settlement also provided that Microsoft would give one-half of the value of the unissued vouchers to North Carolina's public schools through the North Carolina Department of Public Instruction. After the deadline for submission of vouchers passed, Microsoft and North Carolina calculated that more than $80 million remained in the voucher fund. Therefore, eligible North Carolina public schools will receive $40.9 million.
Eligible schools include:North Carolina estimated that approximately 900 schools, just under half of all K-12 schools in North Carolina, will be eligible to receive assistance. Of these schools, 642 are elementary schools (44 percent of all elementary schools), 155 are middle schools (33 percent of all middle schools) and 60 are high schools (16 percent of all high schools).
North Carolina has a unique distribution calculation. All schools will receive a base allocation of just under $10,000. North Carolina will then distribute the remaining funds to schools based upon the schools' average daily membership. Those schools with ADM above 500 will receive an additional $138.64 per student.
The Settlement Administrator will issue vouchers to local education agencies (LEA) and charter schools. The administrator will also provide instructions for reimbursements. The vouchers can be used for purchases of computers, software, projectors and other technology equipment. Half of the vouchers will be for General Purpose (such as computers, software products, projectors, etc.) and the other half will be Software Vouchers.
The Department of Public Instruction will also receive funds to hire two people for one year to assist local school districts to redeem the vouchers. North Carolina Department of Public Instruction officials said that the settlement funds and vouchers are expected to be made available to North Carolina shortly.
For more information, contact the NC Department of Public Instruction, Communications division, at 919.807.3450.
The Tennessee Department of Education will distribute more than $15.3 million in technology vouchers to Tennessee schools as a result of a class action settlement between consumers and businesses and Microsoft Corporation in Tennessee.
Local administrators may use software vouchers for current or future hardware or software. The Department of Education is working directly with school districts to help them take advantage of these vouchers in a timely manner. Dr. Tim Webb, assistant commissioner for resource and support services, is part of the team helping to administer the vouchers. Tennessee estimates that each school district will receive $16.40 per student, which will be based upon the district’s average daily membership during the 2005-06 school year.
Vermont has established a specific process to obtain technology vouchers. While no Vermont school has yet to have their SAFARI Montage server and software paid for under this program, we have every reason to expect that the hardware and software will meet the criteria outlined below.
Background. In 2001, consumers in Vermont sued Microsoft Corporation, alleging, among other things, that Microsoft harmed competition by leveraging its near monopoly to keep prices for computer software at a fixed level and to keep competitors out of the market. In 2004, Microsoft entered into a settlement agreement resolving that class action suit. Under the terms of the settlement, 135 schools across Vermont (covering 46,000 students) will receive $4.7 million in technology vouchers from the Vermont Microsoft Voucher Reimbursement program.
Eligible Schools. The state of Vermont examined all of the schools in the state and identified which schools were eligible to receive the technology vouchers. Thereafter, the Commissioner of the Department of Education and the State Attorney General sent letters to the superintendents of eligible schools notifying them that the schools would qualify for settlement funds. A list of Vermont eligible schools can be found here: http://www.state.vt.us/educ/new/pdfdoc/pgm_edtech/cy_pres/eligible_schools.pdf.
In identifying eligible schools, as set forth in the settlement agreement, Vermont targeted schools with lower-income families by using the National School Lunch program. All public elementary, middle or high schools in which 40% of the students were eligible to receive free or reduced-priced meals through the National School Lunch program are eligible to receive technology vouchers. (The state based eligibility criteria on 2004 data maintained by the Vermont Department of Education.) Alternatively, if the school does not participate in the federal lunch program, Vermont calculated income based on the U.S. Census and food stamp poverty indicators.
Eligible Products and Services. Schools can redeem the vouchers for a variety of technology-related goods and services. The program allows schools to purchase technology from a variety of vendors; therefore, the program is platform neutral. The vouchers will be issued in two categories: 50% percent of the cy pres funds will be in the form of General Purpose Vouchers and 50% percent will be in the form of Software Vouchers. The vouchers will cover technology purchases from May 27, 2004 until July 15, 2009.
Schools may redeem General Purpose Vouchers for Qualifying Hardware, which includes personal and laptop computers, printers, scanners, monitors, keyboards and the like. General Purpose Vouchers may apply to non-custom software used with the hardware and to equipment used for networking and infrastructure, such as routers, servers and network cards. Schools may also use these types of vouchers for Professional Development Services or IT Support Services, which are those services used in connection with hardware and software purchased under the Vermont Cy Pres Program.
Schools may redeem Software Vouchers for operating systems, word processing, spreadsheet, presentation and web-authoring software. Schools may also use the vouchers for productivity suite software and certain relational database software. These vouchers will also apply to eligible software that is bundled with hardware covered by General Purpose Vouchers.
Reimbursement Process.State Involvement. The Vermont Department of Education will approve initial applications for reimbursement and will distribute vouchers. The Superior Court designated the Poorman Douglas Corporation as the Settlement Administrator, tasked with administering the collection and distribution of claims. Thus, Supervisory Units/Districts will submit all requests to Poorman Douglas and Poorman Douglas will review and make payments there from.
Arizona.
When Microsoft entered a settlement
agreement with the consumers and businesses in Arizona, Microsoft agreed that it would provide
half the value of the unclaimed vouchers awarded in the settlement to help Arizona’s public and
charter schools. (The settlement amount was $104.6 million.) Under the terms of the settlement
agreement, Microsoft will give half of the unclaimed vouchers to those schools in Arizona with at
least 50% of their students qualifying for the federal free and reduced-price school lunch programs.
Arizona’s public and charter schools will receive vouchers to use on a wide variety of computer
hardware, software and professional development services.
Arizona has not publicly released the terms of the voucher program. Therefore, no applications, procedures or requirements are available. However, the author of the QED article, entitled, “Microsoft Settlement Funds” claims that schools began receiving vouchers in 2006. The author further claims that schools have until March 2009 to redeem the vouchers.
District of Columbia.
When Microsoft entered
a settlement agreement with the consumers and businesses in the District of Columbia, Microsoft
agreed that it would provide half the value of the unclaimed vouchers awarded in the settlement
to help the District of Columbia's public schools. (The settlement amount was $6.2 million.) Under
the terms of the settlement agreement, Microsoft will give half of the unclaimed vouchers to those
schools in the District with at least 50% of their students qualifying for the federal free and
reduced-price school lunch programs. The District of Columbia's public schools will receive vouchers
to use on a wide variety of computer hardware, software and professional development services.
The District of Columbia has not yet released the terms of the voucher program. Therefore, no applications, procedures or requirements are available.
Kansas.
When Microsoft entered a settlement
agreement with the consumers and businesses in Kansas, Microsoft agreed that it would provide
half the value of the unclaimed vouchers awarded in the settlement to help Kansas’s public, tribal,
and Bureau of Indian Affairs schools. (The settlement amount was $32 million.) Under the terms
of the settlement agreement, Microsoft will give half of the unclaimed vouchers to those schools in
Kansas with at least 50% of their students qualifying for the federal free and reduced-price school
lunch programs. Kansas’s public and charter schools will receive vouchers to use on a wide variety
of computer hardware, software and professional development services.
Kansas has not yet released the terms of the voucher program. Therefore, no applications, procedures or requirements are available.
New Mexico.
Schools in New Mexico will have at
least two opportunities to receive Microsoft technology vouchers. First, certain schools are
entitled to receive monies as a direct result of the settlement agreement between Microsoft
and consumers and businesses in New Mexico. The settlement agreement provided that
Microsoft would provide $1 million for education and $1.7 million for more than 33 New Mexico
charter schools and non-profit organizations for the purchase of computer hardware and software.
In addition, Microsoft agreed that it would provide half the value of the unclaimed vouchers to help New Mexico’s public schools. (The settlement amount was $31.5 million.) Under the terms of the settlement agreement, Microsoft will give half of the unclaimed vouchers to those schools in New Mexico with at least 50% of their students qualifying for the federal free and reduced-price school lunch programs. New Mexico’s public schools will receive vouchers to use on a wide variety of computer hardware, software and professional development services.
New Mexico has not yet released the terms of the voucher program; no applications, procedures, or requirements are available at this time. However, the author of the QED article, entitled, "Microsoft Settlement Funds" claims that New Mexico has already issued a total of $15.4 million in settlement vouchers to New Mexico school districts.
North Dakota.
When Microsoft entered a
settlement agreement with the consumers and businesses in North Dakota, Microsoft
agreed that it would provide half the value of the unclaimed vouchers awarded in the
settlement to help North Dakota’s public, tribal, and Bureau of Indian Affairs schools.
(The settlement amount was $9 million.) Under the terms of the settlement agreement,
Microsoft will give half of the unclaimed vouchers to those schools in North Dakota with at
least 50% of their students qualifying for the federal free and reduced-price school lunch
programs. North Dakota’s public schools will receive vouchers to use on a wide variety of
computer hardware, software and professional development services.
North Dakota has not yet released the terms of the voucher program. Therefore, no applications, procedures or requirements are available.
South Dakota.
When Microsoft entered a
settlement agreement with the consumers and businesses in South Dakota, Microsoft
agreed that it would provide half the value of the unclaimed vouchers awarded in the
settlement to help South Dakota’s public, tribal, and Bureau of Indian Affairs schools.
(The settlement amount was $9.3 million.) Under the terms of the settlement agreement,
Microsoft will give half of the unclaimed vouchers to those schools in South Dakota with at
least 50% of their students qualifying for the federal free and reduced-price school lunch
programs. South Dakota’s public schools will receive vouchers to use on a wide variety of
computer hardware, software and professional development services.
South Dakota has not yet released the terms of the voucher program. Therefore, no applications, procedures or requirements are available. However, the author of the QED article, entitled, "Microsoft Settlement Funds" claims that South Dakota has vouchers totaling $4.58 million will be distributed among eligible schools.