The day-long session in Commonwealth Court was the last opportunity for the parties to put forward their legal arguments on what the Pennsylvania Constitution requires. Our views on that question and legislative respondents’ views could hardly have been more diametrically opposed. Throughout the proceeding, Judge Renée Cohn Jubelirer asked probing questions of the lawyers who provided oral argument. Read our recap of the day here, along with some of the press coverage.

What happens now? We wait for a ruling, which could come in several months. Whoever wins, the case is likely to then be appealed to the state Supreme Court. Meanwhile, we will do our best to ensure that the powerful testimony and evidence from the case about our state’s “inadequate, inequitable, and illogical” school funding system is widely read and understood – and addressed!

While we made our case in the courtroom, supporters of the lawsuit were holding a press conference at the Capitol. Students, parents, teachers, and community members spoke about why Pennsylvania so urgently needs a thorough and efficient system of public education that provides high-quality educational opportunities for all. The event, organized by Education Voters PA and Children First, emphasized that it is time for the legislature to fully address the state’s education funding crisis. ELC summer intern Nasharie Stewart, a recent graduate of the William Penn School District, was one of the featured speakers.

Central Bucks School District (Photo: Kimberly Paynter/WHYY)   

We applaud Gov. Tom Wolf’s July 8 veto of the harmful bill discriminating against trans student athletes that passed the General Assembly in the waning days of the legislative session. But the Hempfield School District in Lancaster County wasted no time becoming the first district in the state to enact a discriminatory ban at the district level, preventing trans students from competing in events consistent with their gender identity. The vote took place on July 12 despite the strong opposition of parents and community members.  

Prior to the vote, ELC sent a letter to the board in opposition, urging them to comply with their clear legal obligations under federal and state law by rejecting the policy and pointing to its harmful effects on trans students, who are already at great risk of harassment, self-harm, and suicide due to rampant discrimination and maltreatment.  

ELC’s advocacy was featured in stories from Lancaster Online and on WGAL TV and CBS21 in Harrisburg. We are carefully monitoring board activity in other districts and will continue to speak out against such transphobic policies and to support parents and students as they push back against similar policies that institutionalize discrimination and hate. 

We are excited to report that the Pennsylvania Department of Education (PDE) has issued new guidance to support implementation of Act 1 of 2022 – a Pennsylvania law that removes educational and graduation barriers for students who experience one or more school changes during a single school year as a result of homelessness, placement in foster care, involvement in the juvenile justice system, or other court-ordered placements.

The new guidance highlights important protections for students, comprehensively delineating the responsibilities of school entities to comply with Act 1 by: identifying all eligible students; assigning a point of contact for each student, adopting clear policies for applying for full and partial credit for satisfactorily completed coursework, developing a graduation plan for students grades 9-12, and working with the student’s school entities (or PDE if necessary) to secure a diploma for students who meets state graduation requirements. Importantly, Act 1’s graduation protections apply retroactively to students who were not identified in the 2021-2022 school year. PDE’s guidance also explains the law’s protections to ensure equal access to school, including record transfers, credit assessment and recovery, and participation in extracurricular activities.

 

Act 1 applies to students who are returning to their former school, starting at a new school, or re-engaging in school after an extended absence. Notably, the law is in addition to other obligations relating to school stability and immediate enrollment under the federal Every Student Succeeds Act and McKinney-Vento Act. For questions about the guidance, contact PDE at RA-EDSchoolSupport@pa.gov.

We know that students with disabilities across the Commonwealth are disproportionately subject to school discipline. Education Law Center therefore applauds the comprehensive guidance issued by the U.S. Department of Education on July 19, delineating the rights of students with disabilities as well as the duties of schools to ensure that students are not punished due to behavior related to their disability, receive a free and appropriate public education, and have equal access to educational opportunities.  

The new guidance makes clear that under our civil rights laws, schools must take proactive steps to effectively support students and address their behavior rather than resort to disciplinary action, and it spells out examples of such steps.

ELC urges the Pennsylvania Department of Education to assist schools in fully implementing this new federal guidance and to specifically address intersectional discrimination, whereby Black and Brown students with disabilities across Pennsylvania face higher rates of exclusionary discipline than other students. 

ELC lost a longtime friend, and Pennsylvania an exceptional advocate, with the untimely death of Sandy Zelno in July. Sandy joined ELC in 2000 from a background of parent organizing and advocacy in western Pennsylvania. As co-director of ELC’s Pennsylvania School Reform Network, she helped turn our desire to do something about school funding into a full-blown campaign that continues to reverberate across the state.

Sandy was the consummate relationship-builder – with children, parents, professional organizations, and state officials. She built those connections by showing up, being strong, and being kind – and always keeping a strategic eye on what to do next. Sandy also had a buoyant sense of humor that carried those around her through moments of discouragement and difficulty. She worked at ELC for 13 years. Working with her was a privilege. We will miss her deeply.

ELC is seeking a director of our Western Pennsylvania office in Pittsburgh, who will report to the executive director in Philadelphia. The candidate should have a demonstrated commitment to public interest law, civil rights, racial justice, and advancing the rights of underserved populations. The Pittsburgh director provides leadership and direction to the Pittsburgh office, including overseeing direct service to underserved students, participating in local and statewide policy advocacy and litigation, building and strengthening community partnerships, and engaging with funders and board members.

ELC is also seeking a program associate in our Pittsburgh office.

See our website for a full description of job and internship opportunities at ELC.

New Study: Black, Special Ed Students Punished at Greater Rate Through Pandemic by Jo Napolitano for The74

From COVID to censorship: How a right-wing book ban took hold in Bucks County by Emily Rizzo and Avi Wolfman-Arent for WHYY

Pilot program improves literacy for Black boys by Abbey Marshall for the Akron Beacon Journal

How Students Are Recovering From the Pandemic by Sarah Mervosh for The New York Times.

47th anniversary at Vie in Philadelphia!