Heading Back to Court
This Month in School Funding Case
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Our school funding lawsuit in Commonwealth Court moves closer to conclusion this month, with a series of briefs being filed on the legal arguments in the case, to be followed by oral argument on those same issues before the judge in Harrisburg on July 26. The oral argument will be livestreamed by the court (via a link to be announced and accessible on our Fund Our Schools PA website).
After oral argument, the highly anticipated final decision from the judge in the case could come in several months.
For the past few months, we have been busy with post-trial legal proceedings. In June, two weeks after the filing of six amicus briefs in support of our petitioners, the team of attorneys from ELC, Public Interest Law Center, and O’Melveny filed our post-trial legal brief, spelling out the constitutional issues – why Pennsylvania’s funding system violates the state Constitution under both the Education Clause and through an equal protection analysis. Responses from all respondents in the case are due today, July 1, and we will have two weeks to respond with a reply brief. |
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Deadline Passes with No State Budget |
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The General Assembly will meet over Fourth of July weekend in an attempt to finalize a budget for 2022-23. Gov. Wolf has asked for $1.75 billion in new K-12 funding. ELC has joined with our PA Schools Work coalition partners in explaining why our students and schools need and deserve this substantial increase. We have coordinated advocacy to boost special education funding and urged another round of Level Up funding for the state’s most underfunded districts.
As the governor defended a billion dollar ask for basic and special education funding, legislative leaders countered with demands for smaller increases for public schools, along with more tax credits for private schools and fewer restrictions on charter schools. Negotiations continue.
While a significant increase is possible, it will not come close to filling the state’s $4.6 billion adequacy gap. With an expected $12 billion year-end budget surplus, there is no excuse for inaction. An increase of at least $1 billion is affordable and sustainable over the long term.
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Devastating Supreme Court
Rulings Impact Our Communities
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The U.S. Supreme Court overturned precedents and eviscerated important and long-held civil rights in its barrage of June rulings. Schools and students will feel the effects of these blows to democratic rights.
Two rulings in particular are direct assaults on the constitutional protections against state-sanctioned religion in schools. In Carson v. Makin, the court mandated that Maine use its public school funds to educate children in private religious schools, the first time ever that the court has forced a state to fund religious education. In Kennedy v. Bremerton School District, the court ruled against a school district that was trying to protect students from a coach’s implicit pressure to join him in public prayers.
ELC issued statements on the Carson decision and on the Kennedy decision, and along with other advocates, we are taking stock of these decisions and planning strategy.
Fallout from other court decisions affecting issues from abortion rights to gun violence prevention will cause profound harm to the communities we serve.
ELC remains committed to ensuring that public education remains a public good where all our children are welcomed, included, and affirmed in safe, positive environments and no child is discriminated against based on race, religion, disability, gender identity, or LBGTQ status.
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‘Don’t Say Gay’ Comes to Pennsylvania |
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Pennsylvania’s Senate stopped working on the state budget for hours on June 29 to debate harmful and discriminatory “Don’t Say Gay” and book-banning legislation – bills intended to undermine public education and inflame and divide parents.
SB 1278, sponsored by Senator Scott Martin, is a more restrictive version of Florida’s Don’t Say Gay bill, prohibiting teachers from acknowledging gender identify or sexual orientation in classrooms until sixth grade, and permitting lawsuits against individual teachers to enforce the ban. The bill passed by a party line vote.
SB 1277, by Senator Ryan Aument, falsely claims that school libraries are filled with inappropriate sexual content. Under the guise of parental control, it will result in the removal of books that could be considered “inappropriate” by a small group of parents. This bill was amended on the floor in an attempt to hide its discriminatory intent and passed with only one vote from a Democrat, Sen. Lisa Boscola (Lehigh-Northampton). These bills now go to the House but are not likely to receive a vote this month.
Prior to the Senate vote, ELC organized a sign-on letter to the Senate that was joined by more than 300 organizations and individuals and was referenced in the floor debate.
Senators also took time to pass a transgender sports discrimination bill for a second time. This bill, HB 972, will now head to the governor’s desk for a certain veto.
We condemn all these hateful, homophobic, and transphobic attempts to promote exclusion in our schools.
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Growing Movement Responds to Hate in Schools |
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Attacks continue to escalate on public education, honest and culturally responsive curriculum, and LGBTQ students. ELC continues to collaborate with a number of organizations committed to teaching truth and fighting extremism. ELC’s Independence Foundation Public Interest Law Fellow Ashli Giles-Perkins participated as a panelist in a well-attended Bucks County community meeting on June 28 in Doylestown, organized to counter hate in schools, alongside ACLU-PA, Bucks County NAACP, Anti-Defamation League of Philadelphia, Red Wine & Blue, and Campaign for our Shared Future.
Ashli highlighted ELC’s recent work and ways to utilize ELC’s helpline to ensure that access to a quality education is fair and equitable – not plagued by racism, hatred, bias, or exclusion. The panelists spoke, but mostly listened, to a room filled with high-energy parents, teachers, students, and advocates concerned about the rising attacks in their community. Download a list of resources here!
Earlier in June, ELC submitted an open letter to the Central Bucks School District, urging the board to reject a proposed policy on book selection and removal that has prompted an outcry from parents and students.
We firmly believe that schools need to be welcoming places where ALL kids feel accepted and included and that schools must teach accurate history reflecting diverse experiences. Book selection cannot be narrowed by bigoted views on what constitutes a family or by racism. We will continue to fight for equal access in all Pennsylvania public schools and to support efforts to challenge book bans that unlawfully discriminate and deny students their First Amendment rights.
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Fighting the Exclusion of Transgender Athletes |
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On behalf of local parents and community members who contacted ELC with concerns, ELC submitted an open letter to the Hempfield School District board of directors, explaining how their proposed district policy to exclude transgender students from participating in school sports teams that align with their gender identity would violate Title IX and harm students.
Multiple courts have addressed this issue of trans students’ participation in school sports and consistently ruled that such discrimination is unlawful. We also know that even proposed policies like this stigmatize trans students and cause harm by suggesting to cisgender students that trans people should be treated differently. Instead, we call on Hempfield and all districts to create affirming, welcoming school environments for transgender students.
In an article about the potential restriction on trans athletes playing sports, ELC senior attorney Kristina Moon stated that such policies “further alienate the students who are already in your school and see these harmful offensive actions being put forward and defended by the leaders that are supposed to be providing an affirming school for everybody.” |
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Act 1 at Work: A Graduation Success Story |
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A refugee advocate in southeastern Pennsylvania contacted ELC in April with concerns about a school district that was not supporting access to graduation for “Faakhir” (name changed), an 18-year-old who arrived in the United States from Afghanistan in October 2021. Because Faakhir and his family were fleeing the Taliban, and his school was later destroyed, he did not have records of his prior education to show what credits he already earned towards graduation.
Senior attorney Kristina Moon engaged the school district on behalf of Faakhir and explained that he qualified as McKinney-Vento eligible and is entitled to graduation supports under Act 1 of 2022. After ELC’s intervention, the district undertook its responsibilities under Act 1 to support students with disrupted education paths and appropriately awarded credits and made necessary programmatic opportunities available to ensure that Faakhir had an equitable opportunity to graduate on time. He received his diploma this month and is happy that now he can secure better employment to support his family. Happy graduation, Faakhir!
On August 1, 2022, PDE is expected to expand upon its interim guidance for school districts about implementing Act 1 supports for graduation. ELC has compiled an array of tools and resources on Act 1 and will be providing additional trainings in the fall. |
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ELC staff, board members, community partners, friends, and family gathered in Pittsburgh to celebrate and thank Nancy Hubley (third from left in this staff-board photo), ELC’s recently retired Pittsburgh office director, for her career of effective advocacy for children and for 38 years of dedicated service to the organization and the clients we serve. Nancy was also honored earlier in June at an ELC board-staff retreat in Philadelphia. We wish her the best in her retirement!
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Welcome to the two newest members of our impressive team of summer interns.
Lars Odland is a rising third-year student at Columbia Law School, where he has participated in the Center for Public Research and Leadership clinic and interned with the Center for Educational Equity. Prior to law school, he earned a New York state teaching certificate for secondary social studies and taught English in the Czech Republic.
Nasharie Stewart is a rising sophomore at Johns Hopkins University, where she is studying political science and psychology on the pre-law track. She recently interned with Children First (formerly known as PCCY). At Hopkins, she works with programs to advise first-year students and guide low-income high school students through the college process. She has been an advocate for fair funding; her op-ed about her experiences as a graduate of the William Penn School District was published this week. |
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Congratulations, Deborah! |
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We are pleased to see the strong representation of public interest champions on the 2022 Law Power 100 list of lawyers in Pennsylvania in City & State PA, including our own executive director Deborah Gordon Klehr! Well-deserved! Congratulations, Deborah!
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Join Our Team: We're Hiring! |
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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.
See our website for a full description of job and internship opportunities at ELC.
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What We're Reading (and Listening to)... |
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Join us September 29, 2022,
as we celebrate the Education Law Center’s
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Education Law Center | 215-238-6970 (Philadelphia)| 412-258-2120 (Pittsburgh)| |
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A copy of the official registration and financial information of the Education Law Center may be obtained from the Department of State by calling toll-free, within Pennsylvania, 1-880-732-0999. Registration does not imply endorsement. |
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