Fair School Funding
Analysis & Research
-
For the past decade, expenditures for educating students with disabilities in Pennsylvania have been climbing steadily, mirroring a national trend. But those rising costs have been almost entirely borne by local school districts.
By failing to keep pace with these expenditures, Pennsylvania has retreated from its responsibility to educate students with disabilities — despite the fact that the state remains legally responsible under the federal Individuals with Disabilities Education Act for ensuring that students with disabilities receive a free and appropriate public education in the least restrictive environment.
Read our report, produced in partnership with the PA Schools Work coalition.
-
In a statement on the Pennsylvania budget, ELC welcomes the news from the General Assembly that state funding for basic education, special education, and pre-K in the coming school year will not be reduced from current levels, despite the dropoff in state revenues. Schools are already facing substantial decreases in revenue from local sources due to the economic downturn – as well as added costs associated with COVID-19 and the shift to remote learning. The state must promptly find ways to provide additional support to the struggling, underfunded school districts whose students have been hardest hit by this crisis. Read the full statement here.
-
This October 2018 report from the Education Law Center highlights how the rise in special education costs in districts across the state is outpacing state special education funding, creating new challenges for underfunded school districts.
-
March, 2017
The Pennsylvania Constitution guarantees that children across the state have access to a “thorough and efficient” system of public education, one that enables them to meet comprehensive state academic standards and graduation requirements. Despite this constitutional mandate, hundreds of thousands of children—particularly children of color and children in poorer communities—are denied the school resources they need to be successful in school and beyond. This Education Law Center report details the race and class inequities in Pennsylvania’s school funding system, building on ELC’s 2013 report “Funding, Formulas, and Fairness.”
Download the full report, “Money Matters in Education Justice.”
Download the Executive Summary.
Read our press release.
-
December 11, 2015: Pennsylvania’s public school funding crisis cannot be resolved by legislating new costs that will eventually exceed new revenues. Unfortunately, the School Code bill recently passed by the Pennsylvania Senate and under consideration in the House of Representatives would do just that. Revenues provided under a bipartisan budget deal would be swallowed up by the new costs associated with rapid charter school expansion. Statewide, charter schools would be permitted to open new buildings, add new grades, and expand their enrollment with almost no limitations. In Philadelphia, where the district is already under state control and over a third of students already attend charter schools, the legislation would place numerous schools under a different state operator, this time the Pennsylvania Department of Education, and convert many of them into charter schools – all still without ensuring those schools have adequate funding.
-
ELC Staff Attorney David Lapp’s recommendations on charter school legislation being considered by Pennsylvania State Legislature in June, 2015. Discussion includes a comparison of HB 530, PN 569 and SB 856, PN 968.
-
Education Law Center Staff Attorney David Lapp’s testimony to the Pennsylvania Basic Education Funding Commission on November 18, 2014, entitled “Time for a Rational Fix to the Special Education Tuition in Pennsylvania Charter Schools.”
-
ELC Research and Policy Fellow Ian Gavigan’s testimony presented to Philadelphia City Council on the importance of predictable school funding to serve the most at-risk children in the Philadelphia School District on 5/27/2015.
-
Education Law Center Staff Attorney David Lapp’s May 13, 2015 letter to the Senate Education Committee considers the benefits and drawbacks of legislation that would create a new state-operated, statewide “Achievement School District” in Pennsylvania.
-
Education Law Center Attorney David Lapp’s Feb. 18, 2015 testimony to the School Reform Commission of Philadelphia examines the legal precedents for considering the fiscal stability of a school district when reviewing charter school applications.
-
On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.
The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.
Read ELC’s full comments.
-
Education Law Center Attorney David Lapp’s March 7, 2014 testimony at the Pennsylvania Auditor General’s hearing highlights significant demographic disparities when comparing brick-and-mortar charter schools as a whole in Philadelphia to the School District of Philadelphia schools.
-
The Special Education Funding Commission held public hearings throughout the state in 2013, receiving testimony from dozens of witnesses. Students, parents, educators, and national experts uniformly emphasized the long-term impact of the state funding system on the ability of schools to meet the needs of children with disabilities.
-
The graphs in this analysis were created by the Education Law Center using publicly reported data on public school enrollment demographics. We focused on Pennsylvania’s most heavily-chartered communities — Philadelphia, Pittsburgh, Chester-Upland, York City, and Erie City — and on students receiving special education services.
The data demonstrates that, while a number of individual charter schools equitably serve all students, the charter school sector taken as a whole generally underserves these vulnerable student populations. The result is that, with some notable exceptions, these students are often more heavily concentrated in the authorizing school district of residence.
-
Faced with a budget shortfall of more than $700 million, the School District of Philadelphia laid off 47 nurses effective December 31, 2011. Subsequent layoffs and the retirement of 25 additional nurses resulted in a net loss of more than 100 school nurses in the 2011-2012 school year.
This 2013 report examines the impact of those losses on student health, safety, and learning.
-
Pennsylvania is a national outlier when it comes to following basic budgeting principles — accuracy, fairness, and transparency — that most states use when it comes to public school funding, according to a 2013 report from the Education Law Center.
The statewide, non-profit organization examined how each of the 50 states calculates and distributes education dollars. The report shows that Pennsylvania is in the minority when it comes to basic budgeting practices used by most states.
-
ELC’s November 2012 testimony to the Pennsylvania Department of Education on eight cyber charter school applications.
An excerpt: “The academic performance of the existing cyber charter schools raises serious questions about the ability of such programs to enable students to meet Pennsylvania’s academic standards and this performance should give the Department great pause before authorizing any additional cyber charters.”
-
The Law Center believes that important reforms are needed for Pennsylvania’s system of charter schools. However, it is important to note that the legislative process for charter school reform has headed down the wrong path.
(The following analysis highlights proposed changes to the law. These changes were not adopted in 2012 or 2013, but many of them are contained in current charter law proposals before the legislature.)
-
According to the research findings, students who have access to a quality school library program have an academic advantage over students who did not have such access. This 2012 report, produced by the Education Law Center and the Pennsylvania Association of School Librarians, shows these academic differences are not explained away by the socio-economic, racial/ethnic, or disability status of the students. In fact, the research shows that all students with access to a full-time, certified librarians have higher PSSA Reading and Writing scores than students without that access.
-
Charter schools are public schools and must follow laws that protect the rights of public school students. Ensuring that charter schools, as well as traditional public schools, provide quality education to all students is an important part of ELC’s mission.
The following principles, published in 2012, are an outgrowth of ELC’s work with and on behalf of thousands of families throughout Pennsylvania.
-
Strong public schools are important for creating a successful future for both individuals and whole communities. Formula proposals or state budgets affecting education funding should be evaluated based on the following ten criteria. Any proposal or budget that fails to meet these criteria will not serve the interests of all students, especially disadvantaged students, and should not be adopted.
-
Investing in public eduation initiatives, from quality pre-kindergarten programs to lowering class size in elementary schools, pays big dividends for the state’s economic and social welfare, according to a report from Penn State University Professor Dana Mitra.
-
The 2009 report, Costing Out the Resources Needed to Meet Pennsylvania’s Education Goals for Students with Disabilities, identifies and evaluates Special Education solutions based on Pennsylvania’s 2007 Education Cost Study and examines why it is critically important for the state to implement a funding system for students with disabilities.
Equal Access
Analysis & Research
-
July 18, 2024. While recently enacted Title IX regulations have been challenged in federal court, there is no nationwide injunction precluding enforcement of the regulations. Moreover, an injunction order issued by a federal court in Kansas v. U.S. Department of Education does not materially change schools’ obligations to students. Pennsylvania public schools are still subject to prohibitions on sex discrimination that include gender identity and expression under Pennsylvania state law and applicable federal regulations.
-
Policies that discriminate against transgender students by prohibiting them from engaging in sports in accordance with their gender identity violate Title IX’s prohibition against discrimination based on sex. Affirming the identities of transgender, nonbinary, and intersex youth in sports participation is a critical part of improving physical and mental health outcomes for these students and allows them to learn and thrive in school.
Read this analysis urging school boards to comply with their clear legal obligations under federal and state law to reject policies that discriminate against transgender students and to affirmatively and proactively promote healthy, welcoming, and inclusive school environments where all students can thrive.
-
There is no legal basis for a school district to prohibit students from using the school bathroom or locker room that aligns with their gender identity. To do so flies in the face of direct and controlling legal precedent. The U.S. Supreme Court and many federal courts, including in Pennsylvania, have recognized and affirmed that such discrimination is unlawful.
Read our statement urging all school districts to uphold their nondiscrimination obligations under the law and reject policies or practices that restrict students’ access to facilities based on sex or gender identity.
-
Book bans are on the rise across the nation, and Pennsylvania ranks third among the states in terms of most books banned. Book bans not only deprive students of important learning opportunities; they directly undermine student self-esteem, further erase historically marginalized identities, and treat students of color and students who identify as LBGTQ+ as inferior and unwelcome.
Read our statement urging school boards to uphold the First Amendment and reject policies that unlawfully remove books from school libraries.
-
The Education Law Center – PA has just released a new report — We Need Supportive Spaces That Celebrate Us: Black Girls Speak Out About Public Schools. It centers the experiences of Black girlhood in Pennsylvania public schools and sets forth Black girls’ recommendations for making long overdue changes that will create more just school communities. Supportive Spaces is the first education-focused report of its kind in Pennsylvania because it centers the voices of the experts: Black girls attending public schools!
Public schools should be supportive, affirming, and well-resourced places where Black girls learn and thrive. We know this isn’t the reality. Inequities caused by anti-Black racism, sexism, homophobia, transphobia, and economic injustice pervade every aspect of Black girls’ education and deprive them of the types of educational spaces they are entitled to under law and deserve. This can and must change.
Read more about Supportive Spaces and our Black Girls Education Justice Initiative at https://www.elc-pa.org/supportivespaces/.
A four-page companion guide with highlights of the report is also available.
-
In a statement on the Pennsylvania budget, ELC welcomes the news from the General Assembly that state funding for basic education, special education, and pre-K in the coming school year will not be reduced from current levels, despite the dropoff in state revenues. Schools are already facing substantial decreases in revenue from local sources due to the economic downturn – as well as added costs associated with COVID-19 and the shift to remote learning. The state must promptly find ways to provide additional support to the struggling, underfunded school districts whose students have been hardest hit by this crisis. Read the full statement here.
-
This report by Children’s Rights and the Education Law Center-PA, entitled Unsafe and Uneducated: Indifference to Dangers in Pennsylvania’s Residential Child Welfare Facilities, raises serious concerns about the safety of Pennsylvania’s residential placements for youth in foster care – and about the quality of education provided there.
In 2017, more than 3,700 youth in Pennsylvania foster care were in residential facilities, so that 47% of youth aged 14-21 in Pennsylvania foster care lived in these facilities, compared to 34% nationwide. Because of a lack of adequate oversight by the Pennsylvania Department of Human Services, these facilities expose children to harmful treatment, including verbal, physical, and sexual abuse and mistreatment from staff and other children.
The report highlights that the “on-grounds” schools that most children in these residential facilities attend similarly lack proper oversight from the Pennsylvania Department of Education. These schools typically offer inferior education with curriculum far below grade level, largely ignoring the heightened learning needs of these students. Read our joint release summarizing the report.
Read this December 2018 report.
-
ELC was invited to provide testimony in October 2018 regarding the high school selection process to the Student Achievement and Supports Committee of the Board of Education for the School District of Philadelphia. Staff Attorney Kristina Moon provided written and oral testimony describing concerns from families and advocates about the district’s failure to implement the LeGare consent decree that requires the district provide equal opportunity for students with disabilities and English Learners to attend special admission high schools. ELC also called upon the Board to consider changes to the selective admission criteria that could allow students from neighborhood schools with less resources a more equitable chance to attend selective high schools. Additionally, ELC urged the Board to consider whether charter schools are equitably serving all students when reviewing applications for renewal or expansion. Read the full testimony here:
-
At the October 2018 action meeting of the Philadelphia School Board, ELC offered testimony supporting a proposal that would increase transitional training and support services for students with disabilities. Federal and state law require transition planning for every child beginning at age 14, including requiring school districts to provide every child with a disability with comprehensive services that will help them transition from school to post-school-life. (more…)
-
Despite prohibiting the suspension of Kindergarten students, the School District of Philadelphia continues to suspend students in first through fifth grades at alarming rates. (more…)
-
Education Law Center Staff Attorney Kristina Moon presented testimony on March 16, 2017 to the Philadelphia School Reform Commission on how the city’s schools can better meet the needs of students learning English, parents with limited English proficiency, and immigrant families.
-
This testimony was presented in January, 2017 at a town hall meeting hosted by Philadelphia City Councilmember Helen Gym and the School District of Philadelphia. It raises a number of issues related to the educational needs of immigrant students, students learning English, and their families.
-
Published in February 2017, this analysis explains how Pennsylvania’s charter schools serve disproportionately fewer of the state’s vulnerable students than traditional public schools, too often segregating students by type of disability. Federal and state laws are clear that charter schools must provide quality public options for all pupils. With respect to students eligible for special education under Pennsylvania law and the federal Individuals with Disabilities Education Act, the data demonstrates that, even where charter schools are serving proportionate numbers of students with disabilities in line with their share of the overall student population, the charter sector by and large does not educate students with disabilities who require higher cost aids and services—e.g. students with intellectual disabilities, serious emotional disturbance, and multiple disabilities. Instead, the charter sector serves students with disabilities who require lower cost aids and services, such as speech and language impairment and specific learning disabilities.
-
ELC submitted these comments to the U.S. Department of Education in response to the notice of proposed rulemaking (NPRM) published in the Federal Register on May 31, 2016 regarding the Every Student Succeeds Act (ESSA). Through these comments, we highlight the critical need for greater accountability of schools serving educationally at risk students, especially students experiencing homelessness, students in foster care, and youth involved in and reentering from the juvenile justice system.
-
The lead poisoning crisis in Flint, Michigan has shined a light on a persistent, yet often invisible, problem in Pennsylvania. While many think of lead as an issue of the past, it is not. For many of Pennsylvania’s children, lead exposure continues to be a silent epidemic that plagues their communities and undermines their ability to learn. This brief, “Lead and Its Impact on Learning: What Schools, Parents & Policymakers Need to Know and Do,” written by Maura McInerney, Esq. and Alissa S. Werzen, M.D., was published February 11, 2016.
-
In January 2016, ELC submitted comments in response to the U.S. Department of Education’s request for recommendations prior to publishing proposed regulations to implement programs under Title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (ESSA).
-
In October 2015, the Education Law Center submitted comments to the Pennsylvania Office of Child Development and Early Learning (OCDEL) on their draft of a proposed policy announcement: “Reduction of Suspensions and Expulsions in Early Childhood Programs in Pennsylvania (15-#1)” [.doc]. The draft announcement was based, in part, on the U.S. Departments of Health and Human Services and Education policy guidance on the issue, released in December 2014: Policy Statement on Expulsion and Suspension in Early Childhood Settings.
ELC’s comments, available below, were informed by our expertise advocating for the rights of the most vulnerable children birth through age twenty one and our extensive experience listening to the hundreds of children and families we have served each year for the past four decades. These public comments are part of ELC’s larger body of work focused on reducing exclusionary discipline that is disproportionately used on vulnerable populations and dismantling the school-to-prison pipeline that pushes at-risk youth into the juvenile and criminal justice systems.
-
In Unlocking the Door to Learning: Trauma-Informed Classrooms & Transformational Schools, ELC Senior Staff Attorney Maura McInerney, Esq. and Amy McKlindon, M.S.W. discuss the impact of trauma on learning and what schools and educators can do to create a trauma-informed learning environment.
-
ELC Staff Attorney David Lapp’s recommendations on charter school legislation being considered by Pennsylvania State Legislature in June, 2015. Discussion includes a comparison of HB 530, PN 569 and SB 856, PN 968.
-
Education Law Center Staff Attorney David Lapp’s testimony to the Pennsylvania Basic Education Funding Commission on November 18, 2014, entitled “Time for a Rational Fix to the Special Education Tuition in Pennsylvania Charter Schools.”
-
Senior Staff Attorney Maura McInerney provided testimony to the Pennsylvania Senate’s Education Committee at their June 9th hearing on truancy. She discussed how punitive responses to truancy can be ineffectual and counterproductive and the importance of school-level interventions to improve attendance.
-
ELC Attorney Leigh Loman provided this testimony to the National Council on Disability (NCD) on May 4-5 at their national meeting in Pittsburgh, PA. NCD is an independent federal agency responsible for advising the President, Congress and other federal agencies on issues affecting the lives of people with disabilities.
-
A summary of the Education Law Center’s 2014 recommendations to improve educational outcomes for English learners (ELs).
-
On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.
The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.
Read ELC’s full comments.
-
Education Law Center Attorney David Lapp’s March 7, 2014 testimony at the Pennsylvania Auditor General’s hearing highlights significant demographic disparities when comparing brick-and-mortar charter schools as a whole in Philadelphia to the School District of Philadelphia schools.
-
The graphs in this analysis were created by the Education Law Center using publicly reported data on public school enrollment demographics. We focused on Pennsylvania’s most heavily-chartered communities — Philadelphia, Pittsburgh, Chester-Upland, York City, and Erie City — and on students receiving special education services.
The data demonstrates that, while a number of individual charter schools equitably serve all students, the charter school sector taken as a whole generally underserves these vulnerable student populations. The result is that, with some notable exceptions, these students are often more heavily concentrated in the authorizing school district of residence.
-
ELC’s November 2012 testimony to the Pennsylvania Department of Education on eight cyber charter school applications.
An excerpt: “The academic performance of the existing cyber charter schools raises serious questions about the ability of such programs to enable students to meet Pennsylvania’s academic standards and this performance should give the Department great pause before authorizing any additional cyber charters.”
-
The Law Center believes that important reforms are needed for Pennsylvania’s system of charter schools. However, it is important to note that the legislative process for charter school reform has headed down the wrong path.
(The following analysis highlights proposed changes to the law. These changes were not adopted in 2012 or 2013, but many of them are contained in current charter law proposals before the legislature.)
-
According to the research findings, students who have access to a quality school library program have an academic advantage over students who did not have such access. This 2012 report, produced by the Education Law Center and the Pennsylvania Association of School Librarians, shows these academic differences are not explained away by the socio-economic, racial/ethnic, or disability status of the students. In fact, the research shows that all students with access to a full-time, certified librarians have higher PSSA Reading and Writing scores than students without that access.
-
Charter schools are public schools and must follow laws that protect the rights of public school students. Ensuring that charter schools, as well as traditional public schools, provide quality education to all students is an important part of ELC’s mission.
The following principles, published in 2012, are an outgrowth of ELC’s work with and on behalf of thousands of families throughout Pennsylvania.
-
In 2009, Stoneleigh Foundation Junior Fellow Arley Styer joined with the Education Law Center to explore the educational experiences of children placed in Pennsylvania group homes and residential treatment facilities. These children, many of whom tend to suffer from behavior disorders, often encounter educational barriers such as lack of needed special education services or too few hours of schooling while in placement.
-
In this March 2010 report, ELC proposes legal and policy changes that will ensure that alternative programs are adequately supported and monitored; that their services are consistently comparable to those offered to other Pennsylvania students; that students are placed in these programs only when their needs justify the assignment; that the programs operate in a manner that is consistent with applicable federal and state laws; and that, in a number of other respects, programs meet the high standards that the state has set for all of Pennsylvania’s public education programs – and justify the taxpayers’ investment of funds.
School to Prison Pipeline
Analysis & Research
-
A new report recommending strategies for policy makers to dismantle the school-to-prison pipeline and address disparities in school discipline was issued by the Pennsylvania Advisory Committee to the U.S. Commission on Civil Rights in April 2021. The report, which draws on testimony from 20 local and national experts at two public briefing sessions, is called “Disparate and Punitive Impact of Exclusionary Practices on Students of Color, Students with Disabilities and LGBTQ Students in Pennsylvania Public Schools.”
The report presents data illustrating the discriminatory nature of exclusionary discipline and its disruptive and harmful impact. Recommendations include banning exclusionary discipline for nonviolent offenses, implementing positive behavioral supports and trauma-informed restorative practices, improving data collection, and increasing funding to devote to creating positive school climates. ELC executive director Deborah Gordon Klehr served as a member of the advisory committee.
-
Despite prohibiting the suspension of Kindergarten students, the School District of Philadelphia continues to suspend students in first through fifth grades at alarming rates. (more…)
-
In October 2015, the Education Law Center submitted comments to the Pennsylvania Office of Child Development and Early Learning (OCDEL) on their draft of a proposed policy announcement: “Reduction of Suspensions and Expulsions in Early Childhood Programs in Pennsylvania (15-#1)” [.doc]. The draft announcement was based, in part, on the U.S. Departments of Health and Human Services and Education policy guidance on the issue, released in December 2014: Policy Statement on Expulsion and Suspension in Early Childhood Settings.
ELC’s comments, available below, were informed by our expertise advocating for the rights of the most vulnerable children birth through age twenty one and our extensive experience listening to the hundreds of children and families we have served each year for the past four decades. These public comments are part of ELC’s larger body of work focused on reducing exclusionary discipline that is disproportionately used on vulnerable populations and dismantling the school-to-prison pipeline that pushes at-risk youth into the juvenile and criminal justice systems.
-
In Unlocking the Door to Learning: Trauma-Informed Classrooms & Transformational Schools, ELC Senior Staff Attorney Maura McInerney, Esq. and Amy McKlindon, M.S.W. discuss the impact of trauma on learning and what schools and educators can do to create a trauma-informed learning environment.
-
ELC Staff Attorney David Lapp’s recommendations on charter school legislation being considered by Pennsylvania State Legislature in June, 2015. Discussion includes a comparison of HB 530, PN 569 and SB 856, PN 968.
-
Senior Staff Attorney Maura McInerney provided testimony to the Pennsylvania Senate’s Education Committee at their June 9th hearing on truancy. She discussed how punitive responses to truancy can be ineffectual and counterproductive and the importance of school-level interventions to improve attendance.
-
On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.
The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.
Read ELC’s full comments.
-
This 2010 ELC research brief provides a detailed examination of School-Wide Positive Behavior Support (PBS), a research-based, highly effective, approach to creating, teaching, and reinforcing students’ social, emotional, and academic learning skills that improves and sustains academic achievement and mental and emotional wellbeing of all students.
-
In the nine years since Congress reauthorized the Elementary and Secondary Education Act (ESEA) as the No Child Left Behind Act (NCLB), startling growth has occurred in what is often described as the “School-to-Prison Pipeline” – the use of educational policies and practices that have the effect of pushing students, especially students of color and students with disabilities, out of schools and toward the juvenile and criminal justice systems.
-
In this March 2010 report, ELC proposes legal and policy changes that will ensure that alternative programs are adequately supported and monitored; that their services are consistently comparable to those offered to other Pennsylvania students; that students are placed in these programs only when their needs justify the assignment; that the programs operate in a manner that is consistent with applicable federal and state laws; and that, in a number of other respects, programs meet the high standards that the state has set for all of Pennsylvania’s public education programs – and justify the taxpayers’ investment of funds.