August 2023
A Hurdle Cleared: Legislative Leaders Do Not Appeal Court’s School Funding Decision
The sweeping Feb. 7 Commonwealth Court ruling declaring Pennsylvania’s school funding system unconstitutional is now final. Legislative leaders Bryan Cutler (House Minority Leader) and Kim Ward (Senate President Pro Tempore) did not appeal that 786-page ruling, and on July 21, the deadline for an appeal passed.

Now, nearly nine years after filing our legal challenge to Pennsylvania’s inadequate and discriminatory school funding system, state officials are legally obligated to comply with the court’s order. There is no longer any excuse for delay.

In its most recent ruling, the court explicitly “tasks Respondents with the challenge of delivering a system of public education that the Pennsylvania Constitution requires – one that provides for every student to receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education.”

The focus now will be on the state’s 15-member Basic Education Funding Commission, which is planning a series of meetings that can begin the work of developing and implementing a system that ensures adequate and equitable funding for students in the state’s low-wealth school districts, who have been denied their fundamental right to education.

News coverage of these developments has highlighted that the court ruling requires lawmakers to examine not just basic education funding, but funding for school facilities, special education, career and technical education, and early childhood education. And a new system must implement adequacy targets for funding for each district rather than simply redistribute the currently available dollars. It is time for action.
State Budget Delayed Over
Unacceptable Private School Voucher Plan
One month into the new fiscal year, Pennsylvania is operating without a budget. Tensions are high in Harrisburg. At every level, schools face a new challenge – preparing for disruption due to the lack of state funding. The problem is that Senate Republicans are holding out for the establishment of a school voucher program that would send $100 million in state aid to unaccountable private schools.

Gov. Shapiro had agreed to the controversial school voucher plan but wisely pulled back last month in the face of significant public pressure and the unanimous opposition of House Democrats. His promise to line-item veto the voucher line in the Senate budget cleared the way for House Democrats to vote to approve that budget plan on July 5. The Senate refused to sign the approved budget and send it to the governor, a formality, instead opting to recess until late September.

Without a signed budget, the commonwealth cannot pay bills or make payments to school districts, local governments and nonprofit service providers. Education Secretary Khalid Mumin has informed education stakeholders of specific payment delays, and other departments have issued similar letters.

The Senate’s voucher plan is part of a dangerous national trend to undermine public schools and redirect public dollars to private schools. ELC addressed many specific issues with vouchers in our letter to Pennsylvania senators.

Funding private schools with public dollars now, just as the state starts work on a remedy for its unconstitutional funding system, will only make compliance with the court ruling harder to achieve. Contrary to the claims of voucher proponents, the voucher plan will not move the Commonwealth a single dollar closer to its constitutional mandate – its responsibility to provide a thorough and efficient system of public education.
Freedom to Read Act:
Legislation to Address PA’s Bans on Books
Some commonly banned books were on display at a protest outside the “Moms for Liberty” gathering in Philadelphia in June.

According to PEN America, Pennsylvania shamefully ranks third in the nation with the most banned books. School boards across the state continue to enact policies that pull books from the shelves and limit student access to diverse and enriching material.

State Rep. Paul Friel (D-Montgomery) sponsored new legislation – HB 1506, also known as the Freedom to Read Act. This bill, if enacted, will limit school district book censorship, while protecting parental oversight of their own children’s book choices and preserving students’ access to the books they choose.

Despite a poll showing that parents overwhelmingly oppose book banning, the number of book bans grew in 2022. At least 27 Pennsylvania school districts have restricted access to books in some form. Most book bans have targeted children’s books written by Black, Indigenous, and LGBTQ+ authors, books about race and racism, and books that reflect the experiences of people of color and LGBTQ+ people. In 2023, the emphasis has broadened as school boards target and label certain books as “sexually explicit” to justify their removal. 

HB 1506 will protect students’ ability to select books of their choosing and preserve local districts’ ability to set their own book review policies. The bill includes book review standards recommended by the American Library Association and creates a neutral appeals process for challenges to school district book removal decisions.

Please reach out to your state lawmaker and urge their support for HB 1506.
Glen Mills Update: Claims Forms
Now Available for CCIU Settlement Funds!
Former students of the Glen Mills Schools can now submit claims to establish their eligibility for funds for compensatory education and damages based on the harm they experienced while at Glen Mills. Earlier this year, Chester County Intermediate Unit (CCIU) approved a $3 million settlement agreement to resolve education-related claims asserted against them in our ongoing Glen Mills class action lawsuit challenging the extreme abuse and deprivation of education experienced by youth housed at Glen Mills.

Under the settlement agreement, former Glen Mills students are eligible to apply to receive cash payments, compensatory education services, or a combination of these remedies. Pro bono counsel at Troutman Pepper and J.M. Smucker are in the process of notifying former Glen Mills students who may be eligible. However, they have limited information regarding the last known address of these former students. 

Please help us to connect students to the relief they deserve under the settlement. For more information and to submit a claim, please visit https://educationfundforformerglenmillsstudents.org.
PPS Issues a Moratorium on Summary Citations
In June, ELC presented testimony to the Pittsburgh Public School Board in response to the district’s code of conduct for 2023-2024 school year, raising several concerns about district policies, including the use of summary citations and school suspensions. 

Data from the district show that Black students are far more likely to be suspended from school and 12 times more likely to receive a summary citation than their white peers, despite no evidence that this is due to higher rates of misbehavior.

In addition to our testimony, ELC joined our community partners in a sign-on letter by the ACLU-PA calling for a stop to use of summary citations.
 
On June 28, the district voted to approve a temporary moratorium on issuing summary citations. It is our hope that they will end this policy altogether. We will continue to follow this issue and urge the district to employ more effective alternatives to support students, including increased mental health supports.  
PA-WInS Coalition Is
Looking for Student Organizers 
ELC and Education Voters PA are working together to organize students around ongoing issues of book bans, racism, and anti-LGBTQ discrimination in schools.

We are looking to identify student leaders or student groups from across Pennsylvania who are interested in these issues and organizing to fight back. The goal is to bring these passionate young people into the PA-WInS (Pennsylvanians for Welcoming and Inclusive Schools) coalition so that they can offer a student perspective on what is taking place in districts across the state.

Are you in touch with students or a student-led organization, such as your school district’s Gender-Sexuality Alliance (GSA) or Black Student Union (BSU)? Please help us spread the word about this work: Contact Nasharie Stewart by Aug. 7
Our Dreams for #SupportiveSpaces4BlackGirls
ELC recently published a groundbreaking new report, We Need Supportive Spaces That Celebrate Us: Black Girls Speak Out About Public Schools. Since then, we’ve hosted a series of webinars and other events to continue to amplify this work.

Now, we’re just a few weeks away from the start of a new school year and it is good to be reminded that the return to school does not have to mean a return to inequity. To keep the conversation going, we’ve launched an online campaign to uplift Black girls and women and their dreams for the how to make a difference in our schools.

Black women and girls are posting their photos on social media with the cover of the report, and using the hashtag #SupportiveSpacesforBlackGirls, offering their own calls to action, like this one:

Schools will be #SupportiveSpaces4BlackGirls when we prioritize resources and care rather than suspensions and school police.

Please join in by posting a selfie if you identify as a Black girl or woman (expansively defined) or have lived experience with Black girlhood. If you don’t share these identities, help us elevate our message by resharing and inviting those who do to participate. We're fully committed to working towards a reality where school communities are reflective of these dreams and truly #SupportiveSpaces4BlackGirls. 
Save the Date: September 27
We invite you to join us on September 27, 2023 from 5:30 - 8:30 pm, as we gather to celebrate the Education Law Center’s 48th anniversary at Vie in Philadelphia!

This year’s honorees include former ELC board member Solomon Hunter, Jr., partner at Troutman Pepper and ELC pro bono partner, and some of our student experts, Black girls who shared with us their experience and expertise in our newest report, “We Need Supportive Spaces That Celebrate Us: Black Girls Speak Out About Public Schools.”

Are you interested in event sponsorship opportunities? Please contact Ariella Gregson to learn more.
Join Our Team: We’re Hiring!
ELC is seeking a director of our Western Pennsylvania office in Pittsburgh, who will report to the executive director in Philadelphia.

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

See our website for a description of internship opportunities at ELC.
What We're Reading:
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