ELC is seeking to speak with families of students who have been harmed by the shortage of school nurses in Philadelphia

In 2013, the Education Law Center (ELC) issued a report highlighting the impact of sharp reductions in the school nurse workforce in the School District of Philadelphia. School nurses who responded to ELC’s survey shared vivid comments regarding their concerns. Since that time, the school nurse shortage has impacted thousands of vulnerable students.

The Education Law Center and Public Interest Law Center are exploring ways to remedy the current school nurse crisis in Philadelphia to ensure that every student has access to a certified school nurse. We would like to speak to families, parents, and students in Philadelphia who have been harmed by the shortage of school nurses. To file a complaint about the lack of school nursing services go to http://myphillyschools.com/nursing. All complaints will be reviewed by attorneys at the Education Law Center and Public Interest Law Center. If you have additional questions or want to share your concerns, please feel free to contact ELC at 215-238-6970.

Opinion: Allow trial on school funding

Feb. 17 – philly.com – By Gaetan J. Alfano, Deborah R. Gross, and Mary F. Platt

Pennsylvania’s business community has watched with growing concern as our commonwealth’s schools have fallen deeper and deeper into crisis over the last several years. In the wake of drastic funding cuts, school districts across our state have been forced to lay off thousands of teachers while cutting Advanced Placement classes, art, music, and extracurricular opportunities and losing crucial support staff like guidance counselors and nurses.

The state’s school-funding situation is now so dire that many schools aren’t even able to offer the curriculum and supports that are mandated by law. In too many schools, overstretched teachers struggle every day to deliver even the most basic education. The result has been plummeting test scores and lost opportunities for thousands of children – especially poorer children and children of color, whose schools are disproportionately affected by budget cuts.

Money can’t solve every problem, but adequate resources are a necessary ingredient for student success.

As attorneys who work with some of our state’s largest corporate citizens, we know firsthand that investment in our education system makes economic sense. An educated workforce is key to effectively competing in the global economy, and great schools are crucial to convincing businesses to remain or locate in Pennsylvania.

While local governments have increased taxes to try to make up for a lack of funding at the state level, in the end only Harrisburg can marshal the resources needed to ensure that all children have access to a quality public education. The current budget stalemate in Harrisburg underlines just how ineffective our political branches of government have been at meeting this important obligation to our children.

How can our children be prepared to meet the challenges of the 21st-century economy when they attend schools with outdated textbooks and overcrowded classrooms?

Fortunately, the state constitution provides another path out of the gridlock for Pennsylvania’s children: It expressly requires the legislature to “support and maintain” a “thorough and efficient” system of public education to support our children and “serve the needs of the commonwealth.”

Six school districts, seven families, and organizations representing additional districts and parents, all of whom have seen the impact of continued disinvestment in our schools, are suing the commonwealth and asking the courts to ensure that state government finally lives up to its constitutional obligations. The plaintiffs come from large urban districts like Philadelphia and struggling rural districts like Panther Valley in Schuylkill and Carbon Counties, demonstrating that chronic underfunding affects students across Pennsylvania. They are being represented by education advocacy groups, including the Education Law Center, that recognize that the constitutional rights of Pennsylvania’s schoolchildren can no longer be subject to the whims of the political process.

The case, which cuts to the heart of the inadequacy and inequities that plague our education system, has been moving through our judicial system since 2014. It is now pending before the Pennsylvania Supreme Court, presenting the justices with a historic opportunity to enforce this important constitutional provision, which can ensure critical opportunities for Pennsylvania’s children.

A favorable ruling would permit a full trial on the merits of this case, allowing advocates and the commonwealth to present evidence on the state of our education system and giving the courts an opportunity to fully examine whether Pennsylvania provides the thorough and efficient school system guaranteed by the constitution.

Even in the unlikely event that legislative leaders approve the full education funding increases proposed by Gov. Wolf last week, we need a long-term and sustained commitment to education that extends beyond any one budget proposal or administration. It has taken years to dig ourselves into this hole. A one-year fix isn’t enough to reverse the long-standing inequities that prevent children from achieving their full potential.

A trial is the best hope for the thousands of children across our commonwealth to obtain access to the quality education to which they are entitled. Protecting the rights of children is one of the most sacred duties entrusted to the judiciary. Appellate courts in a majority of states have already made similar rulings on behalf of their states’ children.

Enforcement of our constitution has been a key function of the judiciary ever since our nation’s founding. We hope that our state judiciary assumes its rightful place as the guarantor of one of our most important constitutional protections by allowing a full trial on the merits of this very important case.

Gaetan J. Alfano ( [email protected]), Deborah R. Gross ( [email protected]),and Mary F. Platt ( [email protected]) respectively serve as chancellor, chancellor-elect, and vice chancellor of the Philadelphia Bar Association.

Read more at http://www.philly.com/philly/opinion/20160217_Allow_trial_on_school_funding.html#toWQvMverZC3PaI7.99

Justices’ Ruling on Phila. Schools Creates Pressing Questions

Feb. 19 – The Legal Intelligencer – by Ben Seal

In striking down as unconstitutional a section of the Public School Code that granted broad powers to the School Reform Commission, which oversees the Philadelphia School District, the Pennsylvania Supreme Court this week ignited a series of questions about how the district will adapt and what might happen at other distressed schools. Continue reading

Educators more concerned about this year’s budget than new proposals

Gov. Tom Wolf’s proposal for significant budget increases to public education drew a uniform response from school officials, teacher union leaders and education advocacy groups: The promise of more money next year is meaningless without a working budget this year.

“It’s hard to get happy with numbers if the numbers don’t mean anything,” said David Seropian, business manager for the McKeesport Area School District. “If the numbers come to fruition then we would be pleased.”

Sto-Rox Superintendent Terry DeCarbo said he was “optimistic but skeptical” of the governor’s 2016-17 proposed spending plan.

And North Hills School District Director of Finance and Operations David Hall said he paid no attention to the governor’s proposal on Tuesday because “right now it’s just pie in the sky.”

Mr. Wolf’s education funding proposals are based on the assumption that the framework budget he reached with Senate Republicans in December will be made into law.

That means his proposal assumes the state adds $377 million in the current year to the main funding line for K-12 education. The 2016-17 budget proposal would add another $200 million in the new budget year.

In addition, the governor would add $60 million next year for early childhood education on top of a $60 million increase he hopes for this year and proposes an additional $50 million for special education on top of $50 million he hopes will be enacted in this year’s budget.

The money would be distributed using the fair funding formula created and adopted by the bipartisan Basic Education Funding Commission in June 2015.

Statements from the Education Law Center, Pennsylvania School Boards Association and the Pennsylvania State Education Association applauded the governor’s proposed funding increases, but urged legislators to work with administration to approve a budget and get funds flowing to the schools.

“This is just unacceptable. It’s nothing short of a crisis and it must be fixed,” said PSEA president Jerry Oleksiak said.

Both McKeesport and Sto-rox have borrowed money to get through this school year as a result of frozen state subsides.

McKeesport borrowed $5 million last fall to meet expenses, a debt that was repaid when districts received about 45 percent of their state funding last month. But the McKeesport board is preparing to take another $3.6 million line of credit next month if a state budget is not approved and the remaining subsidies released.

Sto-Rox is functioning by paying bills from a $7.3 million line of credit it arranged last summer.

“We are $2 million into it and that $2 million is all for the safety of the staff and students, the day-to-day operations, just keeping the lights on. We are standing in place on initiatives and rollouts because we can’t fund it. We are just maintaining,” Mr. DeCarbo said.

Linda Hippert, executive director of the Allegheny Intermediate Unit, said the lack of adequate state funding is becoming evident in the gap between districts that have financial resources and those that do not.

“We are applauding the governor for sticking to his vision,” Mrs. Hippert said. “But at the same time we as a commonwealth, with the legislators, have to have and share a vision for education and determine what it takes to meet that at some level because we are moving in the wrong direction.”

Pittsburgh Public Schools Superintendent Linda Lane said “we totally appreciate [the governor’s] unwavering resolve to address funding issues in the schools across the Commonwealth” and urged legislators to “resolve this in a way that we can all move ahead.”

“At the end of the day, the kids are still going to school every day. None of us can ever forget that,” Mrs. Hippert said.

Molly Born contributed. Mary Niederberger: [email protected], 412-263-1590. On Twitter @MaryNied.

Continued investment needed to adequately meet the needs of PA’s children

February 9, 2016

 

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement regarding Governor Wolf’s Budget Address:

“We applaud Governor Wolf’s continued attempts to provide desperately needed resources to Pennsylvania’s schoolchildren. Years of state cuts to education spending and one-time fixes have disproportionately negatively impacted students in our poorest communities.

“Governor Wolf’s proposal to increase basic education funding levels by $200 million for the next fiscal year, in addition to his continued work toward a $377 million basic education funding increase this year, would allow schools across Pennsylvania to begin restoring critical programs and supports to classrooms. His proposal to increase early childhood and special education funding further reflects the need to invest in the Commonwealth’s most vulnerable children.

“Furthermore, we appreciate the governor’s continued commitment to a bipartisan formula that directs state education funding to the students and districts that need it most. Pennsylvania’s school funding system is the most inequitable in the country. Years of inadequate and inequitable funding have forced many school districts to eliminate programs, lay off teachers, and reduce academic support for students. The new funding formula is an important first step to ensuring that all students have access to meaningful educational opportunities.

“But even as the governor is proposing new education funding for the upcoming fiscal year, negotiations to ensure increased education funding in this year’s budget have dragged on for an unconscionably long period of time. The governor and legislative leaders must finally end our state’s budget crisis by approving a long-term solution to give Pennsylvania’s children the tools they need to succeed.

“Yet even if the governor’s proposal is approved by the General Assembly, it is only a down payment toward providing Pennsylvania’s children with the thorough and efficient education system they are guaranteed by our state Constitution. Two years of increased education funding will not be enough to correct the vast disparities between our poorest and wealthiest districts. We need a sustainable, equitable, and predictable school funding system to give all children the education they need, regardless of ZIP code, income, or race.”

# # #

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, and children experiencing homelessness.

www.elc-pa.org | www.facebook.com/educationlawcenter | www.twitter.com/edlawcenterpa

PHILADELPHIA: 1315 Walnut Street, 4th Floor | Philadelphia, PA 19107 | 215-238-6970

PITTSBURGH: 429 Fourth Avenue Suite, 702 | Pittsburgh, PA 15219 | 412-258-2120

Is Your Child With Disabilities Experiencing Transportation Problems in Philadelphia?

As a member of the Philadelphia Coalition of Special Education Advocates, the Education Law Center and other advocates filed an administrative complaint with the Pennsylvania Department of Education to challenge the failure of students with disabilities to receive transportation services to which they are legally entitled under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. The Complaint resulted in an investigation by the State and corrective action undertaken by the District.

Below are resources for families and advocates to help with transportation issues, including truancy issues, that may arise. You may also contact the Education Law Center directly by following instructions available here. You can learn more about ELC’s mission here.

Parent Resources

The School District now has a Transportation Line (400-4350) and email address ([email protected]) to report issues regarding transportation.

In addition, here is some information from the District regarding how to obtain compensatory education services for instruction hours that your child missed due to transportation problems:

State Complaint and Complaint Investigation Report Issued by PDE

Media Coverage

Education Law Center-PA Statement on Wolf announcement of proposed Basic Education Funding increase

FOR IMMEDIATE RELEASE

February 2, 2016

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement regarding Governor Wolf’s announcement of his proposed basic education funding levels for 2016-2017:

“We welcome Governor Wolf’s proposal to finally bring an end to Pennsylvania’s months-long budget stalemate. Additional resources are desperately needed for school districts across our commonwealth that are relying on emergency funding just to maintain the inadequate status quo.

The $377 million in additional basic education funding for this fiscal year and the $200 million in funding for the next fiscal year proposed by the Governor would allow school districts to begin to restore critical programs and supports – including addressing curriculum deficiencies, providing remedial help, updated textbooks, and school counselors. We are pleased that the governor is pressing for the adoption of a bipartisan education funding formula for the upcoming fiscal year – though a formula is only as good as the dollars sent through it.

The Governor’s proposal would be only a down payment on the resources that are required to ensure that every child in Pennsylvania receives the thorough and efficient public education guaranteed by our Constitution. Substantially more resources are needed to close longstanding adequacy gaps which keep our children from meeting state standards.

Education shouldn’t be a partisan issue. It is the most important investment we can make in our future, and we call on the Governor and legislative leaders to immediately return to the negotiating table to find a long-term, sustainable solution that prepares children to succeed and to compete in the global economy.”

# # #

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, and children experiencing homelessness.

www.elc-pa.org | www.facebook.com/educationlawcenter | www.twitter.com/edlawcenterpa

PHILADELPHIA: 1315 Walnut Street, 4th Floor | Philadelphia, PA 19107 | 215-238-6970

PITTSBURGH: 429 Fourth Avenue Suite, 702 | Pittsburgh, PA 15219 | 412-258-2120

Opinion: Fully and fairly fund our schools

Jan. 17, 2016 – The Pittsburgh Post-Gazette – By Nancy A. Hubley and Patrick Dowd

Pennsylvania’s leaders have signed off on school funding reform. It’s long past time they got it done.

This month Pennsylvania began 2016 without a full budget, leaving the short- and long-term needs of every school — and every student — up in the air.

In the short term, the partial spending plan recently signed by Gov. Tom Wolf will provide desperately needed emergency cash for schools and human services, but only enough to push off closures and further cuts for a few more months.

In the long term, the budget gridlock means that one of the fundamental issues facing Pennsylvania — the need to repair our broken public school funding system — remains unresolved.

Not having sufficient resources is unfortunately nothing new for Pennsylvania students. Years of inadequate and inequitable funding have forced many school districts to eliminate programs, lay off teachers and reduce academic support for students. These cuts particularly harm at-risk learners who lag behind their peers and will continue to do so unless they are provided with resources and supports that address their needs.

The reality is that the state’s current system of funding education simply does not work. On that, virtually everyone agrees: Republicans, Democrats and educators in rural, urban, suburban and charter schools. The system does not provide sufficient resources to educate every student to academic standards, nor does it distribute dollars in a fair and predictable way.

The budget gridlock has only made things worse: Scores of school districts across the state have been forced to borrow emergency funds just to keep their already-underfunded doors open.

The result, repeated again and again since long before today’s ongoing budget impasse, is that Pennsylvania has the widest funding gap between wealthy and poor school districts of any state in the country. That means that the amount of money available to educate a child varies widely, depending solely on where each child happens to live. The lack of predictability in the distribution of funds also means that school districts cannot effectively plan for the future.

Pennsylvania’s inadequate school funding system has compelled our organizations to help create and lead the Campaign for Fair Education Funding, a coalition of more than 50 diverse organizations dedicated to advancing a funding system that allocates state education dollars in a fair way so that all children have a chance to succeed no matter where they live.

Last June, the bipartisan state Basic Education Funding Commission, made up of representatives from the governor’s office, the Department of Education and members of both parties in the state House and Senate, responded to this call for action and unanimously approved recommendations for a new school funding formula. After months of hearings, analysis and negotiations, the commission developed a formula that would address the concerns of schools and remove politics from decisions as to whether students have the resources they need to succeed.

This balanced formula would direct money to school districts based on objective factors, such as student enrollment, the needs of the student population and school district wealth and capacity to raise local revenue. It was widely praised by legislators, local school officials and other experts and editorial boards across Pennsylvania as a critical first step towards equity and adequacy in Pennsylvania’s school funding.

In a year of political gridlock and increasing polarization, it is notable that all sides came together to find a solution to benefit students. The formula’s adoption, however, is still in question.

It was included in the budget framework that the governor and legislative leaders agreed to back in November, when a consensus was reached to direct some new dollars to restore past funding cuts while distributing the remaining dollars through the new funding formula. In future years, the new, fairer formula would be used to distribute all funding.

If the governor and legislators want to move toward sustained, meaningful investment in our schools, they should pass a full budget that contains at least an additional $350 million for basic education to help restore previous school funding cuts and begin implementing the new funding formula. This significant increase in basic funding would be only a down payment on the long-term investment required to reach equitable and adequate funding, but it is a necessary first step.

It is time for lawmakers to cast aside their differences for what should be their top priority: an equitable basic education funding system that provides a strong foundation for the long-term investment that is needed in our public schools.

Pennsylvania’s students, who are shortchanged every day by our broken system, cannot afford to wait any longer.

Nancy A. Hubley is Pittsburgh director of the Education Law Center. Patrick Dowd is executive director of Allies for Children.

Op-Ed: Proposed changes to Pa. law would squander higher school funding

Jan. 20, 2016 – the Philadelphia Public School Notebook – by Michael Churchill, Deborah Gordon Klehr, Susan Spicka

Earlier this month, Gov. Wolf approved emergency funding to allow schools to remain open despite the ongoing budget impasse in Harrisburg. We are pleased that the governor is holding out for an agreement with legislative leaders that would result in a historic $350 million increase in basic education funding, which would include a $100 million restoration of funding to Philadelphia schools. This money would provide immediate relief to a cash-strapped district and would allow it to begin restoring cuts to nurses, counselors, and other vital services after years of bare-bones budgeting.

Yet those gains could be fleeting.

We are deeply troubled by language that has been inserted into the proposed Pennsylvania School Code that would enact sweeping changes to our state charter school policy. The changes would weaken the important role of school districts as charter authorizers to both manage responsible charter school growth and ensure that charter schools are providing a high-quality education to all kinds of students.

To be responsible stewards of taxpayer dollars, fiscally distressed school districts must balance requests for charter expansion with the fact that every new charter school costs districts money and siphons resources away from children who remain in traditional public schools. Indeed, the School District of Philadelphia would have to set aside $35 million of the $100 million in additional funding it would receive under the previously agreed-upon budget framework simply to cover additional payments to charter schools.

The proposed school code language contains provisions – in effect directed only at Philadelphia — requiring five schools a year to be designated for takeover by the Pennsylvania Department of Education. At least two, and possibly all five, would be converted to charter schools.

The irony, of course, is that Philadelphia’s schools are already controlled by the state. There’s no evidence that this move will improve results – but it is sure to worsen the District’s structural deficit.

Additional language applicable to every school district in the state would weaken local districts’ ability to provide effective oversight of charter school operators to ensure that charter expansion occurs in sustainable ways and that charter operators deliver quality education to their students. It would enable charter schools across the state to amend the terms of their charters, create cross-district charter school networks, open new buildings, add new grades, and expand enrollment – all without the authorization of local school boards. It would also reduce accountability by allowing charter schools to go a full decade before having to renew their charters.

Taken together, the school code as written is a Trojan horse, destroying what it purports to save.

Our calculations show that these provisions could increase costs to districts so much that even with increased revenues, this budget deal could result in a net loss for the School District of Philadelphia in as little as 36 months.

Thus even as lawmakers in Harrisburg continue to complain that Philadelphia schools need to live within their means, they are pushing legislative language that would continue to burden the district with costly new mandates that only dig the District into a deeper financial hole.

At the same time, they fail to recognize that Philadelphia schools educate far more students in poverty, English language learners, and vulnerable students than almost all districts in the state. Roughly 85 percent of Philadelphia schoolchildren come from poor families – compared with a statewide average of 43 percent.

Even worse, there are rumblings in Harrisburg that lawmakers, skittish about raising taxes to support increased investment in our schoolchildren in an election year, may attempt to abandon substantial education funding increases while continuing to pursue this aggressive pro-charter language. This would leave Philadelphia with greater expenses and more cuts in services for its students.

The governor should make it clear that this would be unacceptable.

The important question about the role that charter schools should play in our educational system deserves its own broad and wide-ranging debate and should not be swept into the budget negotiations as a price that Philadelphia pays to get past funding cuts restored. The Philadelphia delegation should carefully review the costs of additional funding in deciding what to support.

There’s still time to make things right. As lawmakers return to Harrisburg to resume negotiations on a budget solution, these destructive proposed provisions should be eliminated from the school code.

Our lawmakers must instead refocus on passing a budget that contains at least $350 million in new basic education money to help restore school funding cuts and that begins to implement a new funding formula that rationally and fairly distributes education dollars. Only then can we embark on a long-term, sustainable solution that begins to right the School District’s finances and reflects our commonwealth’s values by beginning to provide every child with the resources needed to succeed.

Michael Churchill is an attorney at the Public Interest Law Center.

Deborah Gordon Klehr is executive director of the Education Law Center of Pennsylvania.

Susan Spicka is an advocacy coordinator for Education Voters PA.

Concerns raised about law replacing No Child Left Behind

One month after Congress approved legislation shifting oversight of student accountability standards from federal to state control, state officials, including those in Pennsylvania, are planning how to establish and measure those new standards.

The end of No Child Left Behind, passed by Congress in 2001 and put into effect in 2002, was welcomed by many who objected to its focus on testing and to the complex reporting requirements. The program also did not come close to its goal for 100 percent proficiency by 2014.

But some civil rights and education advocacy groups are concerned that the Every Student Succeeds Act, which replaces the former federal statute known as No Child Left Behind, will create an environment that will not require some under-achieving schools to improve.

“We are concerned that without federal oversight that the schools in Pennsylvania can overlook the needs of educationally vulnerable students,” said Cheryl Kleiman, staff attorney in the Pittsburgh office of the Education Law Center.

The D.C.-based civil rights organization Advancement Project cited the case of Brown v. Board of Education in which the U.S. Supreme Court in 1954 unanimously declared state-sponsored segregation in public schools unconstitutional.

“History tells us the federal government is a necessary party in ensuring equity in education,” the organization said in a release shortly after passage of the ESSA. “Without federal interventions segregated schools would have persisted.”

While, the ESSA was approved by Congress and signed into law by President Barack Obama in December, its exact details won’t be known to states until the voluminous legislation is translated into regulations by the U.S. Department of Education. It takes effect in the 2017-18 school year.

Nicole Reigelman, spokeswoman for the Pennsylvania Department of Education, said the department “is encouraged by the changes brought about by the ESSA,” and plans to work with stakeholders in the development of Pennsylvania’s assessment plan.  The department is working on a timeline for the plan’s completion.

The NCLB required the reporting of student achievement data that was broken down by subgroups such as minorities, English Language Learners, special education and economically disadvantaged students.

Signed into law in 2002, the NCLB created the measure of Adequate Yearly Progress, or AYP, and required all students to hit proficiency targets that increased each year. Schools with grade levels and student groups that did not hit the annual targets were labeled and required to devise improvement plans. Though it was never acted upon, the threat of the loss of federal funds hung over the heads of states and districts if appropriate actions weren’t taken

The ultimate goal was 100 percent proficiency by 2014. According to the National Assessment of Educational Progress, the “Nation’s Report Card,” “proficiency” rates in 2014 were below 50 percent for every racial and ethnic group, in both reading and math, in both fourth and eighth grade. There were two exceptions: Asian students in all subjects scored 51-64 percent and white students in fourth-grade math scored at 54 percent.

Critics of the NCLB said that it set an unattainable goal, created an excessive focus on annual testing and did not take into account other measures of progress. In order to address those issues, ESSA will require states to take a more comprehensive look at student achievement with less emphasis on testing.

Under the ESSA, states are mandated to create academic plans that will produce students who are college or career ready, without remediation. However, they also are required to intervene only in the lowest-performing 5 percent of schools, high schools where a third or more of the students fail to graduate and schools with persistent achievement gaps.

Carey Harris, executive director for educational advocacy group A+ Schools said the legislation leaves room for chronically underachieving schools that don’t fall within the bottom 5 percent to “fall through the cracks.”

“Five percent is a very low bar,” she said. “None of the city public schools would even meet that target, yet you have some that have struggled academically for years. I would hope this legislation would get very serious about addressing that, so we’re not looking at Westinghouse, looking at Carrick, looking at [University Prep] in 10 years and saying they’re still no better off.”

Chad Aldeman, an associate partner at the education consulting and research group Bellwether Education Partners and former adviser in the policy office of the U.S. Department of Education, estimates that about 17,000 schools in the nation that would have been required to come up with meaningful improvement plans under NCLB will now be “off the hook.”

Ms. Reigelman said Gov. Tom Wolf is dedicated to making sure that every Pennsylvania student is college or career ready when they graduate and that he has lobbied for “historic” funding increases to Pennsylvania to work toward that goal.

A holdover from the NCLB included in the ESSA is that student achievement data will still be reported by subgroups. But critics question its value if there is no federal mandate for improvement beyond the bottom 5 percent. However, states can set their own target percentage for improvement, but would receive no federal funding about the bottom 5 percent.

“A lot of that data is available to the public now, although some states and districts are better than others about publicizing it,” said Dwanna Nicole, senior policy advocate for Advancement Project. “Even with all that data, if the school district and state aren’t going to use it to ensure equitable education for young people, then it doesn’t matter.”

Civil rights and educational advocacy leaders say it’s their hope that their organizations can fill the void of federal oversight by holding schools and districts accountable and working with states as those plans are formulated.

That collaboration “should begin now,” Ms. Nicole said.

The groups want to see testing become less of a focus in the measurement formulas. In its place, they want to have other factors incorporated, including the annual academic growth of student groups, school climate, and how students are disciplined. In Pennsylvania, Ms. Reigelman said the governor and Education Secretary Pedro Rivera have had “ongoing meetings with stakeholders to explore alternatives and develop new measures” to make the state’s School Performance Profiles a more effective evaluation tool.

Ron Cowell, executive director of the Education Policy Leadership Center, said the new federal law has been applauded because it gives states far more flexibility than the NCLB, but with that flexibility comes responsibility.

“They need to respond in a way that we don’t lose a sense of responsibility and accountability for how schools are serving particularly kids who are most dependent on public education and historically were not well-served,” Mr. Cowell said.

Like Ms. Reigelman, Mr. Cowell raised funding as an obstacle for those putting together Pennsylvania’s plans. He said to overcome the lack of federal oversight, the state needs an aggressive accountability plan, but that requires adequate and stable funding from federal and state sources.

Mr. Cowell said it will be difficult for the state education department to determine the amount of financial resources it will have in the future, given that the state budget still is not settled and that the parties are in disagreement about the extent of education funding. This is compounded by the fact that education in Pennsylvania is still recovering from the nearly $1 billion reduction in funding in 2011.

In addition, he said, the department, similar to state education departments across the country, has been downsized in staff considerably in the past decade, leaving a smaller staff to carry out the federal mandates.

“When you start out with inadequate resources and no predictability about what available resources will look like year to year in the future, it’s pretty hard to engage in serious planning,” Mr. Cowell said.

 

http://www.post-gazette.com/news/education/2016/01/10/Education-advocates-worry-about-lack-of-federal-oversight-for-schools/stories/201601060194

 

Opinion: Unless we’re careful, the new ‘No Child’ may still leave some behind

PennLive Op-Ed – Dec. 24, 2015 – By Deborah Gordon Klehr and Jackie Perlow:

Earlier this month President Barack Obama signed into law a comprehensive overhaul of the Elementary and Secondary Education Act (ESEA), previously known as No Child Left Behind.

First passed by Lyndon Johnson in 1965, the mission of this federal law is “to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education.”

While past iterations of ESEA have failed to fulfill this promise, this month’s reauthorization offers states like Pennsylvania an opportunity to reaffirm ESEA’s central mission to advance educational equity and protect the civil rights of vulnerable students.

In several ways this reauthorization, known as the Every Student Succeeds Act (ESSA), represents an improvement over existing legislation.

It will provide targeted support to struggling schools, including schools where traditionally overlooked student groups consistently underperform.

The new ESSA does more to hold schools responsible for the achievement of English language learners, including those with disabilities, and provides significant educational protections for children in foster care and those experiencing homelessness.

The law also expands educational opportunities for youth in the juvenile justice system and supports their smooth transition both into and out of juvenile justice school placements.

In addition, we know that many vulnerable students experience trauma, and ESSA also takes positive steps to support schools to recognize and address trauma. We applaud these important new provisions.

However, the Education Law Center remains concerned about whether the new law has the teeth to guarantee a quality public education to our state’s most vulnerable students.

On its face, the changes in ESSA will do little to improve resource inequities, discipline disparities, or the lack of opportunities for educationally at-risk students in Pennsylvania.

Most worrisome, however, is the law’s lack of federal oversight and accountability.

Under ESSA, much of the responsibility for ensuring educational opportunities for vulnerable students has been shifted to the states.

Both current research and our experience in Pennsylvania show that when states are given unfettered control over education, the civil rights of the most educationally vulnerable students often go unprotected and their academic outcomes suffer.

We are concerned that without federal oversight, schools in Pennsylvania may ignore the needs of the educationally vulnerable students they serve.

In no area is this concern more pressing than when it comes to school discipline. Under No Child Left Behind, schools faced harsh consequences if students failed to achieve on high-stakes testing.

This focus on standardized test scores incentivized schools to push out the students who posed the greatest challenges.

At the same time, states largely turned a blind eye to the resulting discipline practices that disproportionately excluded students of color and students with disabilities.

While data shows that students of all races violate school rules at the same rate, black students are three times more likely to be suspended or expelled than white students.

The consequences of punitive discipline reach far beyond missing a day or two of class.

Students who are suspended even once in ninth grade are more than twice as likely to drop out of high school.

We know that unless the state actively holds itself accountable for eliminating existing discipline disparities, discriminatory and overly punitive discipline practices will continue to act as barriers for our most vulnerable students.

While ESSA will not require Pennsylvania to address these disparities, it does offer an opportunity to do so.

Under ESSA, each state is charged with developing an accountability plan. This plan must include three academic factors and one non-academic factor.

The law permits states to choose “school climate” – a broad term that encompasses suspensions, expulsions, and removal to alternative education settings – as the non-academic factor in their accountability plan.

The Education Law Center urges Pennsylvania to take advantage of this opportunity and identify school climate as the fourth factor in its accountability plan.

We also caution Pennsylvania not to replicate the incentives in No Child Left Behind that drove schools to adopt exclusionary discipline practices in a failed attempt to improve school performance.

Rather, the state’s renewed attention to an accountability framework should address improving academic performance in tandem with addressing school discipline.

This opportunity is timely because the Wolf administration and the Pennsylvania Department of Education have recently announced plans to revamp the state’s current and flawed School Performance Profile metric, which often penalizes schools impacted by poverty rather than rewarding progress.

However, including this factor is only the first step. As the state begins the process of developing and implementing its accountability plan, it is vital that Pennsylvania engage parents, students, advocates, and educators in these decisions.

We urge the state to seek out communities and leaders with diverse perspectives and include their voices at every step in the accountability plan process.

Only by holding ourselves accountable for eliminating the barriers that harm vulnerable students and providing schools with the resources they need to support them will Pennsylvania be able to avoid the shortcomings of the ESSA and ensure that all students in the state receive the quality education they deserve.

Deborah Gordon Klehr is the Executive Director of the Education Law Center. Jackie Perlow, Esq. is the Kaufman Legal Fellow at the Education Law Center.

http://www.pennlive.com/opinion/2015/12/unless_were_careful_the_new_no.html

Education Law Center calls on policymakers to resume negotiations on budget that invests in our children

December 29, 2015

FOR IMMEDIATE RELEASE

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement following the Governor’s Budget Address:

“We are pleased that the Governor exercised his line-item veto powers this morning to force all parties back to the negotiating table. We agree that the release of emergency funding is necessary to ensure that schools remain open during this impasse, but let’s be clear: Emergency funding is not sufficient and certainly not a long-term solution. All parties must immediately resume negotiations on a final budget package that makes needed investments in our children.

“The compromise budget that legislative leaders and the Governor agreed to several weeks ago is not perfect – but it is an important step in the right direction. Pennsylvania has the largest funding gap in the nation between rich and poor school districts, and its state share of public education funding is among the lowest in the country. The proposed compromise budget would begin to fund a bipartisan funding formula designed to address these historic inequities and entrenched funding inadequacies. It would also begin to provide schools with much-needed resources and help ensure that all children have access to a quality education no matter where they live.

“We urge our state policymakers to come back to the table and pass an adequate budget to support our schools. We must ensure that every child in Pennsylvania has the tools necessary to succeed, and that can only happen with a budget that reflects Pennsylvanians’ priorities and puts children first.”

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The Education Law Center is a non-profit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality education. Through litigation, information, and advocacy, we advance the rights of vulnerable children of color, in poverty, in foster care, homeless or with disabilities, and English language learners. We are leaders in the statewide Fight for Fair Funding for all schools, Ensuring Equal Access to education for all children, and Dismantling the School-to-Prison Pipeline that pushes young people out of school and into the criminal justice system.

Learn more: www.elc-pa.org | @edlawcenterpa | facebook 

Education Law Center Issues Statement on Budget Impasse

Education Law Center Issues Statement on Budget Impasse

FOR IMMEDIATE RELEASE

December 23, 2015

Deborah Gordon Klehr, Executive Director of the Education Law Center-PA, issued the following statement concerning the current budget impasse:

“The children of Pennsylvania deserve a budget that invests in them and their future. We are disappointed that the Pennsylvania House deserted the previously agreed to budget framework that would have invested critical new dollars in schools across Pennsylvania. The inadequate budget just passed by the Pennsylvania Senate walks away from our moral and legal obligations to our children and doesn’t reflect our state’s values. It reinforces unacceptable inequities in our schools and continues to shortchange children. The Governor should veto it. Every student deserves access to a nurse, a librarian, updated textbooks, and school counselors. This budget doesn’t provide hundreds of thousands of children with even these basics. We call on the House and Senate to return immediately to Harrisburg and pass a budget that restores cuts to our schools and provides every child with the opportunity to learn and reach their full potential. Children across our Commonwealth are waiting for real solutions and must no longer be held hostage by gridlock in Harrisburg.”

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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. ELC works to ensure that all children in Pennsylvania have access to a quality public education, including poor children, children of color, children with disabilities, children in the foster care and juvenile justice systems, English language learners, and other vulnerable children.

Learn more: www.elc-pa.org | @edlawcenterpa | facebook

Zero Tolerance for Zero Tolerance

Zero Tolerance For Zero Tolerance

Education Law Center Statement on the Every Student Succeeds Act

FOR IMMEDIATE RELEASE

December 4, 2015

Contact: Ian Gavigan, Education Law Center-PA, 267-825-7713, [email protected]

Education Law Center Statement on the Every Student Succeeds Act

“Since its passage in 1965, the Elementary and Secondary Education Act (ESEA) has been a critically important federal law for ensuring educational equity and protecting the civil rights of the most at-risk students. In several ways the proposed reauthorization, the Every Student Succeeds Act (ESSA), represents an improvement over existing legislation and reaffirms the ESEA’s crucial mission ‘to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education.’ However, the current bill could do much more to protect the rights of the country’s most vulnerable students,” said Deborah Gordon Klehr, executive director of the Education Law Center. Continue reading

Parents, school districts urge courts to intervene in school funding crisis

December 1, 2015

Parents, school districts urge courts to intervene in school funding crisis

Harrisburg, Pa. –Parents and school districts challenging Pennsylvania’s school funding system told the state Supreme Court Monday that it should decide the case on the merits and reject the state’s plea to toss the case because of its complexity and difficulty. In a reply brief filed Monday the petitioners defended their position that the courts can and must examine claims that the state is failing its constitutional obligations to adequately fund “a thorough and efficient system of public education” in a manner which does not discriminate against low-wealth districts. Continue reading