Author: elcadmin

Education Law Center releases new PA school funding report highlighting racial and class inequities

State needs to both increase funding levels and distribute dollars more fairly

March 7 2017 – As the General Assembly debates Pennsylvania’s education budget for next year, the Education Law Center released a report today highlighting how persistent state underfunding of schools has entrenched widespread inequities and inequalities, particularly in schools that serve lower-income families and large numbers of students of color.  Continue reading →

Education Law Center Statement on Governor Tom Wolf’s Pennsylvania Budget Address

Feb. 7, 2017
Deborah Gordon Klehr, Executive Director of the Education Law Center, issued this statement following Governor Tom Wolf’s budget address today:
“Governor Wolf’s proposed increase in state funding for basic, special, and early education in next year’s budget is welcome given the Commonwealth’s difficult budget situation. His proposal to increase early education funding by $75 million and to allocate additional funding to early intervention services represent crucial investments that will help ensure more children enter school ready to learn. But while any additional funding helps, the Governor’s proposed increase of $100 million in basic education and $25 million in special education funding will not be enough to allow schools to close longstanding resource gaps. Our schools currently face a $3 billion adequacy gap. And Pennsylvania ranks 46th in terms of state share of K-12 education funding and has the largest gap in the nation between what our poorest and wealthiest districts receive. Continued educational investments are key to the Commonwealth’s long-term economic competitiveness. We must build off recent successes, including modest increases to basic education funding and the adoption of a fair funding formula to equitably distribute new educational investments to the districts and students who need help the most. We will continue to work with the Governor and the General Assembly to ensure that the budget reflects Pennsylvanians’ priorities and the needs of our students.”
 

###

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ students, and children experiencing homelessness.  For more information visit https://elc-pa.org/ or follow on Twitter @edlawcenterpa.

Appeals Court Upholds Duty of Lancaster School District to Overcome Language Barriers and Provide Equal Educational Opportunities for Older Immigrant Students

FOR IMMEDIATE RELEASE
January 30, 2017

PHILADELPHIA (January 30) – The federal Court of Appeals for the Third Circuit today upheld the rights of immigrant students to receive equal educational opportunities in the School District of Lancaster. The opinion emanates from a federal class action lawsuit, Issa, et al., v. School District of Lancaster challenging the District’s treatment of immigrant students aged 17-21.

“This case is more important now than ever. It affirms the right of immigrant and refugee students to a meaningful education that overcomes language barriers.” said Maura McInerney, senior staff attorney of the Education Law Center and one of the lawyers for the students. “The decision sends a clear and unequivocal message to all public schools that they have a duty to provide sound and effective English language services. Many immigrant students, particularly those newly arrived in the U.S. with limited prior education have unique and significant language needs that must be proactively addressed. They cannot languish in classrooms where they cannot access the curriculum.”

The Third Circuit affirmed the August 26th decision of Judge Edward Smith of the Eastern District of Pennsylvania, which held that the School District violated the civil rights of older immigrant students under the Equal Educational Opportunities Act (EEOA) by diverting them to an inferior, privately operated alternative school, Phoenix Academy, that failed to address their significant language needs. Judge Smith’s order granted a preliminary injunction directing the School District to immediately enroll the student plaintiffs in the regular high school, McCaskey. The School District appealed that order to the Third Circuit.

“Our refugee clients came to America with a vision that a good education is the ticket to success. We are thrilled that the courts have opened the schoolhouse gates for them.” said Vic Walczak, legal director of the ACLU of Pennsylvania who argued the case in the Third Circuit. “We will continue to push the District to extend this relief to all immigrant students in similar circumstances. They are all legally entitled to a meaningful education that permits them to learn English.”

Kathleen Mullen, of counsel with Pepper Hamilton LLP, added, “With this ruling, the Court has plainly rejected the School District’s claim of unfettered decision-making authority when its programs fall short of protections provided by federal law. The School District claimed that it graduates these students as evidence of their success at overcoming language barriers, but the District Court found ample evidence, and the Third Circuit today affirmed, that pushing these students to a quick graduation is not the same as ensuring their right to overcome language barriers.”

The lawsuit was filed in July 2016 by the Education Law Center of Pennsylvania, the ACLU of Pennsylvania and pro bono counsel from Pepper Hamilton LLP on behalf of a group of refugees from Somalia, Sudan, Tanzania, and Burma who had fled violence and persecution before being resettled in the U.S. The lawsuit is a class action lawsuit filed on behalf of the named plaintiffs and all other immigrant and refugee students similarly denied or delayed enrollment to the main high school and diverted instead to Phoenix, which offers inferior English instruction on an accelerated structure.

The action is ongoing before Judge Smith in the District Court for the Eastern District of Pennsylvania.
The students are being represented by Vic Walczak, Molly Tack-Hooper, and Michelin Cahill of the ACLU of Pennsylvania; Maura McInerney, Kristina Moon, and Alex Dutton of the Education Law Center; Kathleen Mullen, Thomas A. Schmidt, III, Megan Morley, Katrina Long, Kaitlin M. Gurney, and Hedya Aryani at the law firm of Pepper Hamilton LLC; and Seth Kreimer of the University of Pennsylvania Law School.

 

Click here to download the Court’s January 30, 2017 decision.

Click here to read more about the case.

 

Important Victory for Parents with Limited English Proficiency and their Children with Disabilities, as Lawsuit against the School District of Philadelphia Moves Forward

December 2, 2016

Philadelphia, Pa. –  A federal class action lawsuit challenging the failure a major school district to provide translation and interpretation services to limited English proficient parents of children with disabilities is moving forward.  This week a federal judge soundly rejected a request by the School District of Philadelphia to throw out any of the seven claims asserted against them in a case involving more than a thousand children with disabilities whose parents speak little or no English. The case will now proceed with fact discovery and class certification proceedings.

The lawsuit filed in 2015 by the Public Interest Law Center, the Education Law Center-PA, and Drinker Biddle & Reath LLP alleges that parents and their children are illegally denied the opportunity to participate in the special education process and receive critical services because they don’t understand or speak English and are provided with documents in English that they don’t understand. The U.S. Department of Justice (DOJ) filed a brief in support of the plaintiffs’ claims of national origin discrimination.

Under federal disability law, children with disabilities are entitled to an educational planning process, including meetings and Individualized Education Programs (IEPs), to ensure they receive a free and appropriate public education. The complaint alleges that the School District refuses to sufficiently interpret the meetings or translate the documents related to this process in a timely manner, preventing parents from meaningfully participating in making informed decisions regarding educational placements and services. The complaint further alleges that as of the 2013-14 school year, there were 1,500 students learning English who received special education services, and 1,887 students with IEPs who spoke a language other than English at home.

The School District sought to dismiss every count of the complaint, including claims brought under laws protecting children with disabilities and those protecting against discrimination based on national origin. The Court denied the motion in its entirety, holding that the plaintiffs had stated valid legal claims.

“This decision is a profoundly moving one for me,” said Anna Perng, an activist in the Asian American community who assists limited English proficient parents. “I grew up with a learning disability. My immigrant parents were not able to get me services and supports due to lack of interpretation and translation in the IEP process. Today, I run a monthly support group for immigrant parents to help them advocate for their children with disabilities. I applaud the Public Interest Law Center, Education Law Center and Drinker Biddle & Reath for fighting to ensure that all students with disabilities receive a free and appropriate public education. We are one step closer to realizing the promise of federal special education law: all means all.”

“This decision stands for a proposition enshrined in the civil rights laws of our country, that parents and children who do not speak English have the same rights to participate in our education system as those who do, ” said Michael Churchill, of Counsel at the Public Interest Law Center.

“This case is about the critical need for translation and interpretation services during the special education process,” said Chanda A. Miller, a Drinker Biddle attorney who argued the case before the Court in September. “We are pleased that the Court has ordered this case to go forward, so that one day all parents in the School District of Philadelphia, regardless of their English proficiency, may have the same opportunities to participate in their children’s special education plans.”

The U.S. Department of Education is closely following the case and previously issued a “Dear Colleague” letter in response to DOJ’s filing, clarifying that state educational agencies and school districts have “independent responsibilities to provide LEP parents of children with disabilities meaningful access through timely and complete translation and oral interpretation.”

“This is a potentially precedent-setting case that is being watched in other jurisdictions,” said Maura McInerney, Senior Attorney at Education Law Center-PA. “The Court’s ruling sends an important message that our disability and civil rights laws create enforceable protections and that all parents — including those with limited English proficiency — have an unequivocal right to meaningful participation in the special education process.  They cannot be discriminated against on the basis of language and national origin and their children have a right to equal educational opportunities.”

The lawsuit builds from two administrative special education hearings during which the hearing officer found that the District had violated the rights of the students and parents to meaningfully participate in their children’s education. However, the hearing officer stated that he lacked the authority to order systemic change to remedy the situation.

The complaint asks the Court to order the District to provide complete and timely translations of special education documents; to notify parents that they are entitled to such documents in their native language; to provide sufficient oral interpretation services for key encounters pertaining to special education services; and to provide bilingual evaluations for all students who need them.

Parents of children with disabilities who have not had educational documents translated for them should contact the Education Law Center at 215-346-6905 or the Public Interest Law Center at 215-627-7100.

 

# # #

The Public Interest Law Center uses high-impact legal strategies to improve the well-being and life prospects of vulnerable populations by ensuring they have access to fundamental resources including a high-quality public education, access to health care, employment, housing, safe and healthy neighborhoods and the right to vote. For more information visit http://www.pubintlaw.org or on Twitter @PubIntLawCtr.

The Education Law Center-PA works to ensure that all children in Pennsylvania have access to a quality public education, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, and children experiencing homelessness. For more information, visit https://elc-pa.orgor follow @edlawcenterpa on Twitter.

We’re committed to protecting students’ civil rights

November, 2016

The Education Law Center-PA (ELC) is deeply concerned by ongoing racist, homophobic, xenophobic, and misogynistic rhetoric and incidents in schools. We assure our partners across the state that we will continue holding school districts to their legal obligations to maintain a school atmosphere where students can thrive and do not face fears of violence or discrimination.

ELC remains steadfast in our commitment to ensuring that all children in Pennsylvania have access to quality public education. We advocate on behalf of our most vulnerable students, including children living in poverty, children of color, children with disabilities, English Language Learners, and LGBTQ students, to ensure that prejudice and bigotry do not impede their civil rights. We have been privileged to spend the last 41 years working on behalf of students and families and will continue to adapt to whatever challenges are to come.

We are reminded that the road to educational equity is a marathon, not a sprint, and we promise to continue working in the courtroom and in the community to protect the following rights of Pennsylvania’s schoolchildren:

EDUCATION LAW CENTER’S STATEMENT OF STUDENT RIGHTS

The right to be free from discrimination or harassment based on race

Students have the right to attend schools free of discrimination and harassment based on their race, color, or national origin.

The right to be free from discrimination based on disability

Students with disabilities have the right to a free appropriate public education and to be educated in the regular education classroom to the maximum extent appropriate for the student with the disability. Students have the right to accommodations in school and cannot be punished for behavior related to their disability.

The right to be free from discrimination based on religion and to wear religious clothing in school

Students have the right to practice their religion in school and must be allowed to wear religious clothing and head coverings.

The right to be free from discrimination based on immigration and/or English Language Learner status

Students have the right to enroll in public school regardless of immigration or citizenship status. Students who are English Language Learners have the right to programming that helps them overcome language barriers.

The right to be free from discrimination based on gender and gender identity

Gender discrimination and sexual harassment are illegal. Students also have the right to wear clothing consistent with their stated gender. Some Pennsylvania school districts have adopted policies to expressly protecting rights based on gender identity. Litigation is ongoing to protect the right of students to use restrooms and locker-rooms that are consistent with their gender identity.

The right to be treated equally regardless of sexual orientation

Lesbian, gay, bisexual and queer students have the same right to be free of discrimination and harassment as other students.

The right to be emotionally and physically safe in school

Students have the right to be free from bullying by students and adults, and students cannot be retaliated against for reporting bullying.

The right to freedom of expression

Students have the right to free speech and cannot be censored unless the speech is obscene, creates an imminent threat, or is significantly disruptive. This includes the right to publish articles in a school paper, to refuse to salute the flag, and to wear political armbands.

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ students, and children experiencing homelessness. Every situation is different. If questions remain about how the law applies to a situation or if you think your rights have been violated, contact us by visiting www.elc-pa.org/contact or by calling 215-238-6970 (Philadelphia) or 412-258-2120 (Pittsburgh).

Click here to download a PDF version of this statement. 

Philadelphia is making pre-K available for thousands of families

The best gift you can give your young child is quality early learning. Quality PreK sets your child on a path to being more likely to graduate from high school, reduces the likelihood of needing special education services, and raises achievement in school and life.

Education Law Center applauds the City of Philadelphia for expanding quality Pre-Kindergarten programs across the City providing 2,000 more slots for three- and four-year olds starting January 4, 2017.  To be eligible, a child must have turned 3 by September 1, 2016 who be a resident of the City of Philadelphia.

Families interested in enrolling their child can call 844-PHL-PREK to speak with a trained professional who will help you locate quality Pre-K programs and child care options near you and determine whether you qualify for public programs to help pay for child care. Over the next four years the City will create a total of 6,500 locally-funded, quality pre-K seats. For more information, go to PHLprek.org, or enroll by calling 844-PHL-PREK.

Education Law Center Statement on Truancy Legislation: HB1907

October 28, 2016

Truancy is an urgent issue across the Commonwealth because the cost to our children and communities is so high: absence from school results in lower academic achievement, higher drop-out rates, and increased involvement in the juvenile justice system.  Truancy also correlates with long-term negative outcomes including drug use, unemployment, victimization, and adult incarceration.  The Education Law Center-PA (ELC) has worked on this issue for years and urged lawmakers to adopt data-driven, evidence-based approaches that we know can effectively prevent and reduce truancy, re-engage students and parents, and make our schools a safe and supportive environment for children and their families.

Pennsylvania’s newly enacted truancy legislation, adopted this week, represents a significant overhaul of the state’s truancy laws.  To the credit of legislators and advocates, the new law recognizes the core principle that the root causes of truancy must be addressed promptly, on the front lines in schools, and on an individualized basis.  In this way, the legislation is a very positive step forward.  However, in other ways, the new law departs significantly from evidence-based approaches and may harm vulnerable students and parents.

Lawmakers undertook this legislation in direct response to the 2014 death of Eileen DeNino, a Berks County mother who died while jailed for failing to pay court costs and fines associated with her children’s truancy.  Yet, the new law maintains jail time and fines levied at parents that called lawmakers into action in the first place.  Instead of reducing fines and eliminating jail time, the new legislation actually increases the fines and maintains jail time requirements, albeit at three days instead of five.  Families can now be subject to progressive fines of $500 and $750 per citation for repeat offenses, $350 more than the prior $300 cap.

”This legislation is a far cry from the originally-proposed ‘Eileen’s Law,’ which eliminated any possibility of jail for truancy and kept fines at bay,” said Alex Dutton an Independence Foundation Public Interest Law Fellow at the Education Law Center.  “Simply put, despite important reforms that should be celebrated, this legislation fails to address the most inequitable aspects of Pennsylvania’s truancy law, leaving poor families exposed to excessive fines and jail that are proven not to reduce truancy.”

Research studies consistently show that imposing such punishments on parents is completely ineffectual in solving truancy.  Data affirms that fines and court costs trap families in court systems and institutions, perpetuating a cycle of poverty that is racially inequitable.  Studies in both Texas and California have highlighted that Black and Latino students are disproportionality criminalized and punished for truancy at rates that do not match corresponding disparities in attendance rates.  Fines and jail punish families rather than support them to overcome barriers to education.  Without a quality education, life outcomes sharply decline.  Additionally, fines stick with families for years, driving them deeper into oppressive systems, making it more difficult for students and parents to obtain employment, maintain stable housing, overcome health challenges, and develop and sustain social connections.

“Going forward, local magistrates must apply the new law in light of its stated purpose: eliminating truancy, reducing collateral consequences of convictions on youth, and maintaining stable and healthy families,” said Maura McInerney, Senior Staff Attorney at the Education Law Center.  “While the legislation provides magistrates with discretion to impose more fines upon families than ever before, magistrates must exercise this discretion with sensitivity to the real issues that poor families face across Pennsylvania and with an awareness that fines and costs perpetuate racial inequities in our society.”

Those at the forefront of truancy reform and best practices have championed individualized approaches to truancy reduction that address the unique barriers that each student faces to school attendance.  Importantly, the new legislation embraces this core principle and requires schools to lead with this approach before resorting to the courts.  Under the new law, schools are required to convene individualized student and parent conferences before passing truancy matters to the courts.  Schools must also make attempts to meaningfully engage parents in this process by providing official notice in the language preferred by the parent and contacting parents via telephone.  Schools who fail to hold conferences and meaningfully engage parents to participate will see their citations thrown out of court.

In addition, schools are no longer permitted to suspend, transfer, or expel students for their non-attendance—“a practice that was all too widespread, yet totally illogical,” said Dutton.  Moreover, students who have been deemed truant can now apply to expunge their records immediately upon earning a high school diploma or its equivalent—an essential reform that will sharply limit the collateral consequences that such convictions have on youth as they age into adulthood.

Importantly, the legislation provides local magistrates with significant discretion to impose fair consequences upon students and parents aimed at eliminating the root causes of a student’s truancy.  This includes discretion to impose fines, jail, and referrals to the Department of Transportation for automatic driver’s license suspension, a practice which entraps poor people in a cycle of debt.  Armed with discretion, it is imperative that local officials apply the law according to its purposes in an effort to avoid the imposition of punitive consequences like fines and jail.

“We look forward to working with partners and stakeholders across the Commonwealth to implement the new law to promote racial justice and access to education for Pennsylvania’s poorest and most vulnerable children and youth,” said Dutton.  “Education Law Center will continue to support families facing the most difficult challenges in getting their children to school everyday, and will work closely with local districts and law enforcement to find solutions that will empower parents, students, and communities.”

# # #

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ students, and children experiencing homelessness.  For more information visit https://elc-pa.org/ or follow on Twitter @edlawcenterpa.

English learners caught in competition for funding

Oct. 20, 2016 – The Philadelphia Public School Notebook – by Bill Hangley, Jr.

This year brought some good news for Katie Christ.

“I finally got textbooks!”

That’s a welcome addition to Christ’s high school classroom in Delaware County’s William Penn School District, where she’s taught students who are learning English for 11 years.

But new textbooks are just the start of what she needs for her English learner (EL) classes. For other needed materials – novels and short stories, online language instruction, computers, snacks –  she’ll keep doing what she’s always done: find freebies on the internet, borrow from the English or history departments, raise private donations, or pay from her own pocket.

“I don’t mind spending the money when I see the outcomes,” said Christ, who estimates she spends $1,000 of her own money a year and raises about $3,000 more online.

One online source of funds is a website where donors can give to classroom projects. “Without Donors Choose, I wouldn’t be able to do what I want to do,” she said.

And when it comes to the bigger things that only her district can provide – like more staff to support students, more time in the school day to collaborate, or a fully stocked computer cart – she’ll cross her fingers and hope for a better budget next year.

“I only have two computers in the classroom. One of them’s mine,” Christ said. “I had a computer cart, but they couldn’t handle the new updates. They were old when I first got them.”

Read the rest of the article at the Philadelphia Public School Notebook.

Emergency Motion Filed to Force School District of Lancaster to Comply with Court Order to Transfer Immigrant Students from Alternative School

LANCASTER, PA – Three weeks after a federal judge ordered the School District of Lancaster to transfer six refugee students from one of the district’s alternative schools, attorneys for the students filed an emergency motion today asking for protection for all English Language Learner immigrant students aged 17-21 against the district’s continuing practice of delaying the enrollment of older immigrant students and denying them admission to the district’s regular high school.

On August 26, after a week-long trial, Judge Edward Smith of the U.S. District Court for the Eastern District of Pennsylvania ruled that the school district had violated “clear law” by denying or delaying enrollment to older immigrants and by placing them in Phoenix Academy, a privately run alternative school with inadequate English language instruction instead of allowing them to attend the regular high school in the district, McCaskey.  Evidence at trial showed that more than 90 Phoenix students were English Language Learners.  The district has appealed the August 26 ruling and asked the court of appeals to expedite the appeal and to issue an order immediately blocking the injunction while the appeal proceeds.

Although the August 26 preliminary injunction order “encouraged” the district to apply the court’s interpretation of the law to all similarly situated students, plaintiffs’ motion filed today presents evidence that the school district has decided not to do so.  In an email conversation with a staffer at a local refugee resettlement agency cited in today’s filing, a senior school district official stated that, “At this point, transfers [to McCaskey] are being offered to students who were at Phoenix at the time of the [court] order. With all other students, we are proceeding status quo until our appeal is heard.”  Other email chains presented to the court showed that the district had refused transfers to several Phoenix students.

The plaintiffs argue in the emergency motion that “[i]t is now clear that the District has not honored, and has no intention of honoring, the Court’s legal reasoning” with respect to other immigrants, who continue to suffer “irreparable harm” caused by enrollment delays and exclusion from the regular high school. “The potential for harm . . .  is just as real” for other students as it was for the six named plaintiffs, the motion argues.

The plaintiffs’ emergency motion asks the court to certify the lawsuit as a class action while litigation proceeds, expressly extend the injunction to cover similarly situated immigrant English Language Learners so they can attend McCaskey, and order the district to share with plaintiffs’ lawyers information about other affected students.

The case is Issa v. School District of Lancaster. The students are being represented by Walczak, Molly Tack-Hooper, and Michelin Cahill of the ACLU of Pennsylvania; Maura McInerney, Kristina Moon, and Alex Dutton of the Education Law Center; Kathleen Mullen, Thomas A. Schmidt, III, Megan Morley, Katrina Long, Kaitlin M. Gurney, and Hedya Aryani at the law firm of Pepper Hamilton LLC; and Seth Kreimer of the University of Pennsylvania Law School. More information about the case, including a copy of the complaint and today’s motion, can be found at www.aclupa.org/issa.

More information about plaintiffs’ counsel can be found at:

www.aclupa.org

www.elc-pa.org

www.pepperlaw.com

Pennsylvania Supreme Court Hears Oral Argument for Fair Education Funding Lawsuit

The suit, filed in 2014, claims the Commonwealth is violating its constitutional duty to “support and maintain” a “thorough and efficient system of public education”

PHILADELPHIA – September 13, 2016 – Oral argument in William Penn School District, et al. v. Pennsylvania Dept. of Education, et al. commenced before Pennsylvania’s Supreme Court at Philadelphia City Hall on September 13. Hundreds of parents, students, superintendents, and school board members, including advocates from as far away as Erie and Pittsburgh, crowded the halls of Philadelphia City Hall and waited in line to attend the argument.

The case was filed in 2014 against the governor and legislative leaders in response to decades of underfunding by Harrisburg that has deprived children of the resources they need to succeed.

The attorney for the petitioners delivered a powerful argument urging the state’s highest court to permit judicial review of the state’s failures to uphold the Pennsylvania Constitution’s Education Clause and Equal Protection provision. Specifically, the petitioners challenged that years of underfunding by the state legislature are in direct violation of the Education Clause’s language to provide a “thorough and efficient system of public education.”

Two attorneys representing the legislature and Governor argued that the courts have no role in ensuring that children in Pennsylvania have access to an adequate education and that the courts have no responsibility to enforce the state constitution.

“The legislature continues to abdicate its constitutional responsibilities year after year by drastically underfunding our public schools,” said Deborah Gordon Klehr, Executive Director of the Education Law Center. “Today we asked the Pennsylvania Supreme Court to give us the opportunity to make the case for our public schools in court. We asked the court to protect and enforce our Constitution.”

“Pennsylvania’s current education funding system is unconstitutional. Right now, a child’s ZIP code determines whether or not he or she will have access to basic school resources like text books and computers,” said Michael Churchill, of counsel for the Public Interest Law Center. “The disparities between well funded and poorly funded districts are greater in Pennsylvania than any other state in the country.  The courts need to tell the legislature to end this inequity.”

Attorneys for the petitioners are asking the Pennsylvania Supreme Court to permit a full trial on the merits of the case, reversing a 2015 Commonwealth Court decision that dismissed the case. This will allow the petitioners to present evidence that the General Assembly has violated the Pennsylvania Constitution by failing to adequately and equitably fund Pennsylvania’s public schools and leaving children without the resources they need to succeed academically. The petitioners that brought the case include seven parents, six school districts – William Penn, Panther Valley, Lancaster, Greater Johnstown, Wilkes-Barre Area and Shenandoah Valley – the Pennsylvania Association of Rural and Small Schools (PARSS) and the NAACP Pennsylvania State Conference.  The Public Interest Law Center and Education Law Center-PA are representing the petitioners.

Following the hearing, a large, spirited rally took place on the north side of City Hall.  Speakers and attendees included State Senator Vincent Hughes, representatives from the parent and school district petitioners, Councilwoman Helen Gym, clergy from Philadelphians Organized to Witness Empower and Rebuild (POWER), advocates from Education Voters of PA and the NAACP, and attorneys from the Public Interest Law Center and the Education Law Center-PA.

While Pennsylvania recently adopted a school funding formula – which the attorneys for the plaintiffs acknowledge is a step in the right direction – only 6% of the state’s basic education dollars are driven out through that formula and state education funding levels overall remain wholly inadequate to meet the needs of students.

The Pennsylvania Supreme Court is expected to issue its decision of the appeal sometime after the oral argument, although there is no specific deadline.

More information, including case documents, can be found here: http://edfundinglawsuit.wordpress.com/

# # #

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ students, and children experiencing homelessness.  For more information visit https://elc-pa.org/ or follow on Twitter @edlawcenterpa.

The Public Interest Law Center uses high-impact legal strategies to improve the well-being and life prospects of vulnerable people by ensuring they have access to fundamental resources including a high-quality public education, health care, employment, housing, safe and healthy neighborhoods and the right to vote. For more information visit www.pubintlaw.org or follow on Twitter @PubIntLawCtr.

Pennsylvania Supreme Court to Hear Oral Argument for Fair Education Funding Suit

The suit, filed in 2014, claims the Commonwealth is violating its constitutional duty to “support and maintain” a “thorough and efficient system of public education”

PHILADELPHIA – September 8, 2016 – Oral argument in William Penn School District, et al. v. Pennsylvania Dept. of Education, et al. will commence before Pennsylvania’s Supreme Court at Philadelphia’s City Hall on September 13th at 9 AM.  The Public Interest Law Center and Education Law Center-PA, representing the plaintiffs, will ask the Pennsylvania Supreme Court to permit a full trial on the merits of the case, reversing a 2015 Commonwealth Court decision that dismissed the case. This would allow the plaintiffs to present evidence that the state General Assembly has violated the Pennsylvania Constitution by failing to adequately and equitably fund Pennsylvania’s public schools and leaving children without the resources they need to succeed academically.

Following the hearing, a rally and press conference in support of the lawsuit will take place on the North Side of City Hall, at 10:30 AM.  Speakers and attendees will include representatives from the parent and school district plaintiffs, Councilwoman Helen Gym, clergy from Philadelphians Organized to Witness Empower and Rebuild (POWER), advocates from Education Voters of PA and the NAACP, and attorneys from the Public Interest Law Center and the Education Law Center-PA.

The case was filed in 2014 against the governor and legislative leaders in response to decades of underfunding by Harrisburg that has deprived children of the resources they need to succeed. The plaintiffs that brought the case include seven parents, six school districts – William Penn, Panther Valley, Lancaster, Greater Johnstown, Wilkes-Barre Area and Shenandoah Valley – the Pennsylvania Association of Rural and Small Schools (PARSS) and the NAACP Pennsylvania State Conference.

“Pennsylvania’s public school children are entitled to have their day in court. The Legislature’s failure to ‘support and maintain’ a thorough and efficient system of public education has resulted in Pennsylvania having the widest disparity between high-wealth and low-wealth school districts of anywhere in the nation,” said Deborah Gordon Klehr, Executive Director of the Education Law Center. “Our children can no longer wait. Court enforcement of our Constitution is the only way that all children in Pennsylvania will receive the sustained investment they need to learn – regardless of where they live or what school they attend.”

“Upholding the Constitution is the highest duty of our judiciary, and we are confident that the Supreme Court will step in where the General Assembly has failed,” said Michael Churchill, of counsel for the Public Interest Law Center. “Our inadequate funding system shortchanges students by leaving them without the most basic resources they deserve. We have the opportunity with this lawsuit to require the legislature to finally address this longstanding problem.”

In the absence of judicial oversight, the Commonwealth has underfunded rural, suburban, and urban schools across the state for many years, resulting in the nation’s highest disparity between wealthy and poor districts. According to the petition filed by the plaintiffs, the General Assembly has adopted state standards that define the academic content children must learn, but has failed to provide the funding necessary to give students an opportunity to meet those standards. As a result, many students in underfunded schools struggle academically and fail to meet state standards.

While Pennsylvania recently adopted a school funding formula – which the attorneys for the plaintiffs acknowledge is a step in the right direction – only a small fraction of education dollars will be driven through that formula and state education funding levels overall remain wholly inadequate to meet the needs of students.

The Pennsylvania Supreme Court is expected to issue its decision of the appeal sometime after the oral argument.

More information, including case documents, can be found here: http://edfundinglawsuit.wordpress.com/

# # #

The Education Law Center-PA (“ELC”) is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ students, and children experiencing homelessness.  For more information visit https://elc-pa.org/ or follow on Twitter @edlawcenterpa.

The Public Interest Law Center uses high-impact legal strategies to improve the well-being and life prospects of vulnerable people by ensuring they have access to fundamental resources including a high-quality public education, health care, employment, housing, safe and healthy neighborhoods and the right to vote. For more information visit www.pubintlaw.org or follow on Twitter @PubIntLawCtr.

 

ELC Statement in Reponse to Philadelphia’s Suspension and Dress Code Policy Changes

August 22, 2016

We commend the School Reform Commission for restricting the use of suspensions against Kindergarten students and for adopting a revised dress code policy that removes subjective language which disproportionately impacted students of color, especially black girls. These reforms place Philadelphia on the frontlines of a movement to eliminate ineffective and harmful disciplinary policies that deny children access to the classroom and place them at risk for experiencing future educational barriers. However, the resolution restricting the use of suspensions against Kindergarten students does not go far enough; the District should restrict the use of suspensions for students in first and second grade, too. Across the nation, school districts and states have eliminated or restricted the use of suspensions against students in early elementary grades. Minneapolis, Seattle, Chicago, Houston, Connecticut, and most recently, New York City, have all banned or substantially limited this harmful and developmentally-inappropriate practice. Philadelphia should be no different. Suspensions to students in early elementary grades negatively impact their future educational outcomes and fuel the School-to-Prison Pipeline. Furthermore, exclusionary discipline is meted out, both in Philadelphia and nationally, in a disproportionate manner against students of color. To reduce the harmful and discriminatory effects, the School District of Philadelphia must curtail its reliance on exclusionary discipline in the early elementary grades even further. We look forward to partnering with the District and the SRC to help it follow through on its stated commitment to end this harmful practice.

Click here to download our letter to the School Reform Commission.