“We are the counter force: Four public interest lawyers on fighting racial injustice.” An article by Education Law Center’s Deborah Gordon Klehr, Juvenile Law Center’s Sue Vivian Mangold, Defender Association of Philadelphia’s Keir Bradford-Grey, and Community Legal Services’ Debby Freedman on fighting racial injustice.
Author: elcadmin
Education Law Center Condemns White Supremacist Violence in Charlottesville, VA
We stand with the school children we serve to condemn the bigotry, hate, and violence of white supremacists in Charlottesville. We are deeply saddened and outraged by these tragic events and know that the racism we witnessed in Virginia exists in other communities across our country. We cannot and will not tolerate it.
We are reminded that no person is born to hate — it is something that is taught. ELC pledges its commitment to call out and confront the growing racism and bigotry we are seeing in our schools: from the harassment of students based on race and religion, to the disproportionate suspension and expulsion of children of color and children with disabilities. We pledge to fight discrimination, to be a catalyst for promoting respect and tolerance, and to be a champion for true inclusion. We commit to continuing our work to end discriminatory practices in enrollment and learning opportunities, end gross racial disparities in school funding, and dismantle the school-to-prison pipeline.
America is better than this. We are better than this. We stand with parents, teachers, youth, community partners, and other civil rights advocates who are working tirelessly every day to condemn and combat racism and ensure that our children learn the power of diversity, equality, and true democracy.
Thank you for your partnership in this important work.
Deborah Gordon Klehr
Executive Director
ELC files PDE complaint to remedy deficiencies in transition of students from Early Intervention to Philadelphia elementary schools
ELC filed an administrative complaint with the PA Department of Education (“PDE”) on behalf of three individual children and all others similarly situated who have been deprived of smooth transitions to kindergarten or first grade in the School District of Philadelphia (“District”). State and federal law mandates that children with disabilities must move from early intervention services to elementary school without disruption of the critical special education services to which they are legally entitled. However, the District has failed to meet these requirements and ELC has asked PDE’s Bureau of Special Education to investigate and issue corrective action as necessary. Specifically, the District is required to (1) complete a re-evaluation of a child’s eligibility for services within 60 days of receiving signed parental consent, (2) provide a Re-evaluation Report to the parent at least 10 days prior to an IEP meeting, and (3) ensure that an IEP is completed within the 30 days of the IEP meeting. Additionally, federal law requires that children who have limited English proficiency are evaluated in their native language to ensure an accurate re-evaluation. If you or any families you know have had similar issues transitioning from early intervention to the District, please contact Sean McGrath at [email protected]. You can read a copy of ELC’s Complaint here.
ELC files OCR complaint to remedy bullying of students with disabilities in the School District of Philadelphia
On July 26, 2017, ELC filed a Complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) on behalf of students with disabilities in the School District of Philadelphia, alleging discrimination based on a systemic failure by the District to promptly and appropriately address severe and pervasive bullying of these students. The Complaint chronicles the bullying of four students and explains how the District’s failure to respond to parent complaints, denying students the right to transfer, and referring students and parents to Truancy Court led to prolonged periods of pervasive bullying and the deprivation of free, appropriate public education to vulnerable students with disabilities. ELC is seeking systemic reforms to remedy the District’s policies and practices. You can read a copy of ELC’s Complaint here.
ELC Staff Attorney Cheryl Kleiman will be honored on July 26th at The Incline’s “Who’s Next in Education” celebration.
ELC Staff Attorney Cheryl Kleiman of ELC’s Pittsburgh Office will be honored on July 26th at The Incline’s “Who’s Next in Education” celebration. The event honors Pittsburgh’s emerging leaders in education. Join ELC as Who’s Next in Education Honors Cheryl
Refugee education lawsuit will cost Lancaster schools more than $600K next year
by Emily Previti, WITF
The city of Lancaster resettles a lot of refugees for a community of its size, and various stakeholders have long collaborated with the district for school-based programs designed to help entire families from this vulnerable population.
So when the School District of Lancaster was sued one year ago, officials argued that they — not the courts — knew best how to deal with their own students.
But Judge Edward G. Smith found last year that the School District of Lancaster had violated the federal Equal Educational Opportunities Act by delaying or denying enrollment of older refugee students and diverting them to a magnet school with less support for English Language Learners than the mainstream high school and its Newcomer Program designed for first-year ELLs (formerly known as the International School).
And now, the School District of Lancaster is looking at spending more than half a million dollars, less than 1 percent of its $208 million annual budget, as a result of the lawsuit, according to school officials.
Local advocates brace for changes in federal education civil rights policy
“I don’t think districts are off the hook from following civil rights laws.” Deborah Gordon Klehr, ELC Executive Director
7/17/2017 by Darryl C. Murphy, published in The Philadelphia School Notebook
Local advocates and civil rights leaders are preparing to be more watchful in response to the decision under the Trump administration to scale back the U.S. Department of Education’s investigations of civil rights violations.
The department announced in early June that it is changing its approach to dealing with discrimination complaints.
Through an internal memo, Candice Jackson, acting head of the department’s Office for Civil Rights, stated that investigations into systemic discrimination will no longer be required and cases will be treated on an individual basis. Civil rights advocates, including those in Philadelphia, say the new protocol could spell disaster for the nation’s most vulnerable students. Continue reading
OCDEL Releases Two New Policy Announcements to Address Exclusionary Discipline and Promote Inclusion in Early Childhood Learning Programs
ELC praises the Pennsylvania Office of Child Development and Early Learning (OCDEL) for release of two new policy announcements that now make clear its commitment to decrease exclusionary discipline and increase inclusion in all its early childhood learning programs across Pennsylvania. With ELC’s leadership and support for public comments and extensive parent, provider, and community engagement, OCDEL identified shared values and vision across its programs, and released these two companion policies, effective Jul. 1, 2017. Continue reading
City’s public schools, education beneficiaries of new state budget
by Stacy M. Brown, Philadelphia Tribune, Jul 8, 2017
After state lawmakers overwhelmingly passed a $32 billion budget that still has no defined plan in which to pay for it, many around the commonwealth have hailed the spending plan as a victory for public schools and for early childhood and special education.
Local lawmakers added that it’s a victory for Philadelphia area schools as well.
ELC Executive Director Deborah Gordon Klehr in charter school interview with Craig Melvin of NBC’s “Sunday Night with Megyn Kelly”
Check out this 7/9/17 national story from NBC News about charter schools. ELC’s Executive Director Deborah Gordon Klehr talks to reporter Craig Melvin about charter schools often failing to serve vulnerable student populations. Want to learn more? Watch the Interview!
School Reform Commission approves new in-house special education program: The District downscaled the proposal after advocates complained, but concerns linger.
July 6, 2017 — Philadelphia Public School Notebook — by Dale Mezzacappa and Avi Wolfman-Arent
The School Reform Commission voted Thursday to establish a new in-house special education program for 100 students, most diagnosed with social-emotional disabilities and now placed in facilities run by Wordsworth. The new program will be run initially by the private education provider Catapult Learning before transitioning to full District control.
Education Law Center Statement on the Pennsylvania General Assembly’s Proposed 2017-18 State Budget
June 30, 2017
PHILADELPHIA, PA – Deborah Gordon Klehr, Executive Director of the Education Law Center, released the following statement today in response to the Pennsylvania General Assembly’s proposed 2017-18 state budget:
“The Pennsylvania General Assembly has sent Governor Tom Wolf a compromise state budget agreement that provides some needed new funding for education, including basic education, special education, and early education. Specifically, the bill includes $100 million increase for basic education funding, $25 million increase in special education, $30 million in additional funding for early education, and a $19 million increase in funding for early intervention services for children ages birth-five. Our schools and students sorely need these resources now and the Education Law Center urges Governor Wolf to sign the budget into law. Continue reading
Judge Enters Consent Decree in Lawsuit Challenging School District of Lancaster’s Treatment of Older Immigrant Students
June 30, 2017
LANCASTER, PA – Following a one-year legal battle over the placement of newly arrived older immigrant students, mostly refugees, in the School District of Lancaster, U.S. District Court Judge Edward G. Smith today signed a consent decree requiring the district to educate immigrant students in its main high school, McCaskey.
Education Law Center Opposes House Bill 383
Nonprofit law center sends memo blasting “guns in schools” legislation
Read the memo: Guns Don’t Belong in Our Schools
Philadelphia, PA – Deborah Gordon Klehr, Executive Director of the Education Law Center, released the following statement today in response to Senate Bill 383, which the full Senate is scheduled to vote on today:
“Everyone wants our schools to be safe for students and educators, but Senate Bill 383 does just the opposite and puts our students in danger. Guns have no place in schools, and arming teachers and other school personnel will not make schools safer while dramatically raising the odds that students will be injured or killed because of a fatal mistake.
There is not one credible national, state, or local organization that supports the idea of arming school personnel. Even the Pennsylvania government’s own research into school climate and school safety rejects guns in schools: a 2014 Pennsylvania House Select Committee explicitly recommended against arming school personnel, and the 2016 Joint State Government Commission Advisory Committee issued a lengthy report recommending changes to improve school climate that made no mention of arming teachers or staff members as a solution.
A recent amendment to the bill means the public won’t even know whether the teachers in a school are carrying concealed weapons.
If lawmakers are serious about improving school safety, they will instead invest resources into evidence-based programs that are shown to improve school climate and prevent violent incidents before they happen, including positive behavior supports, mental health services, and school counselors and psychologists.”
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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.
Editorial: School funding inequity in Pa. is shameful
May 8, 2017 – by the Pottstown Mercury Editorial Board
This newspaper has long been at the forefront of the argument for fair schools funding in Pennsylvania, arguing that the state Constitution guarantees every child a quality education regardless of wealth or address. Continue reading
Cheltenham teachers say administrators ignored pleas for help with unruly students
May 6, 2017 – Philadelphia Inquirer – by Kathy Boccella
Loitering bands of aggressive, cursing students own the halls, constantly fighting or kicking each other. They slam teachers into lockers or walls. They barge in uninvited to disrupt classes. They tell adults who dare confront them to “get the [expletive] out of my face!” Continue reading
Race is key issue in underfunding of Pottstown and Reading school districts, study says
May 4, 2017 – Reading Eagle – by David Mekeel
POTTSTOWN, PA
The fact that Pennsylvania has a school-funding problem is no secret. Continue reading
Advocates want the district to end suspensions of elementary school students
May 3, 2017 – WHYY Radio Times with Marty Moss-Coane
Last year, the Philadelphia School District ended most out-of-school suspensions for kindergartners. However, thousands of elementary school children—first through fifth grade—are still being suspended. Schools have zero-tolerance policies for violent behavior, but most suspensions are for nonviolent offenses. Continue reading
Pencil not a weapon in city schools, appeals court rules
May 2, 2017 – Pittsburgh Post-Gazette – by Dan Majors
The pen may be mightier than the sword, but a pencil is not a weapon. Continue reading
Pittsburgh Public Schools claimed a pencil was a weapon and expelled a student. The courts disagree.
May 2, 2017 – The Incline – by Sarah Anne Hughes
A pencil is not a weapon inside a Pittsburgh public school. Continue reading