The Shelby amendment primarily targeted advertising and marketing in schools, but it also objected to other activities, including those undertaken by some Kids in the Know members. Without naming them, programs it said should stop would include children’s book and magazine programs, evaluations of text books and supplemental materials, college recruitment lists, student recognition programs, and commercial Internet services.

The Senate did not accept the measure when it shut down consideration of amendments to the federal budget. Sens. Edward Kennedy (D-MA) and Sam Brownback (R-KS) played key roles in ensuring that it was not added.

Sen. Shelby is expected to introduce some type of legislation in the near future. In the past, he has been an especially harsh critic of the Channel One Network. He held hearings on the free TV-news service last year.

In part, the amendment said "in-school marketing and information-gathering activities are a waste of student class time and taxpayer money; exploit captive student audiences for commercial gain; and compromise the privacy rights of our Nation’s school children . . . . Federal funds should not be used in any way to support the commercialization of our Nation’s classrooms or the exploitation of student privacy . . . ."

The measure would not have had the effect of law, because it simply expressed the "sense of the Senate," and the budget isn’t enacted. But it would have provided support for other attempts to limit relationships between private organizations and schools. These include Sen. Shelby’s yet-to-be-introduced bill and legislation offered earlier by Sen. Chris Dodd (D-CT), who co-sponsored the Shelby amendment.

By using potent words and phrases – such as "exploitation," "commercialism," and "violations of student privacy" – many senators would realize that it covered services that benefit local schools and students.

While the measure addressed what may be real abuses, it went far beyond controversial marketing practices. The National School Board Association and others argued that local school officials’ can stop inappropriate activities, and determine what relationships are beneficial, without a one-size-fits-all federal restriction.

Kids in the Know will continue to educate senators about the harm that would be done by sweeping measures like those proposed by Sens. Shelby and Dodd.