July 2024

Pa. Senate Still Uncommitted on Comprehensive School Funding Plan

ELC legal director Maura McInerney speaks at a June 10 rally at the Capitol in Harrisburg.

Seventeen months ago, Commonwealth Court ordered state officials to “devise a plan to address the constitutional deficiencies” in Pennsylvania’s school funding system. This ruling in our school funding case was not appealed. On June 10, the Pennsylvania House took a major step to comply with the court’s decision. By a bipartisan 107-94 vote, members adopted House Bill 2370, which commits the state to a seven-year plan of annual funding increases that would eliminate the “adequacy gaps” of underfunded districts, raising the annual state funding level by $5.1 billion. Pennsylvanians would finally have a school funding system based on what students need.

Gov. Shapiro’s proposed 2024-25 budget starts us on that same path. It calls for a $1.1 billion basic education funding increase that matches the first-year plan in HB 2370. But the Pennsylvania Senate is not yet on board with the plan. Disagreement over taking the legislative steps needed to adequately and equitably fund our schools has delayed adoption of a 2024-25 state budget, blowing past the legislature’s June 30 deadline. Legislators continue to negotiate behind closed doors.

There are no excuses not to act. The Commonwealth Court order demands a remedy. House Bill 2370 is the only proposed remedy on the table that is responsive to the court order. No districts are losers in this plan, as seen on our map showing how districts will benefit. And our state can afford it: Pennsylvania has $14 billion in reserves. State aid to local school districts is needed now more than ever, as the tax burden on local property taxpayers is projected to grow by nearly 5% in the coming year, and some districts are facing budget cuts.

Contact your legislators today and tell them: Approve Gov. Shapiro’s education budget proposal and the seven-year plan for closing adequacy gaps.

Education is a fundamental right in Pennsylvania, and students need an adequate, equitable, racially just school funding system. We need our state legislators to finish the job.

New Study Shows Return on Proposed

School Spending Exceeds Cost

The proposed $5.1 billion increase in annual state education funding will more than pay for itself over time according to a new study from the University of Pennsylvania Graduate School of Education.

As one report author explained, the proposal is “a strategic investment that would pay off for the state and its students. Students would have better access to teachers and counselors, succeed in higher numbers, and strengthen the state’s workforce.”

Limiting its focus to the benefits of the spending increase that are readily quantifiable, the study projects that for the class entering kindergarten, the number of high school graduates statewide would increase by 3,800 students and the number of students enrolling in college would increase by 3,859, leading to significantly greater lifetime earnings.

The benefits described in the report are understated because they address the effects of educational improvements only for students who would not otherwise enroll in college, the authors note. Adequately funding our public schools is a sound investment!

Stop the Plan to Mandate Guns in Schools

ELC opposes Pennsylvania Senate Bill 907, now awaiting House consideration, which would require at least one armed school security person in each school entity (school district, charter school, area CTE school, etc.).

Despite our opposition, state law was revised in 2019 to permit school police officers, school resource officers, and trained security guards to be armed. This new mandate would supersede local control over the decision on whether or not to arm school security personnel. Proponents of the bill are clear that it is a step toward their ultimate goal to require armed personnel in every school.

Increasing the number of guns in schools has been shown to heighten the threat of gun violence for all students and staff and undermine climates of safety and support that are essential for learning and growth. It increases the potential for students to gain access to firearms, like the time a Cumberland Valley teacher left a loaded gun on top of a toilet, where children found it.

We know the real way to keep our schools safe is to focus on strengthening student services to prevent incidents of violence. But instead, some legislators are determined to “harden schools” and intensify policing — the very measures that make students feel their school is like a jail. Increased policing in schools typically leads to increases in suspensions and arrests — often for age-appropriate behavior — the consequences of which can last a lifetime and funnel children into the juvenile and adult criminal legal system.

Arming school personnel does not make schools safer, but intensified policing does put Black and Brown students and students with disabilities at a disproportionately increased risk of harm from police officers, including physical assault and even shootings.

Contact your House member to tell them to oppose SB 907!

Support Crucial Increases to Infant

and Toddler Early Intervention Funding!

ELC is urging state lawmakers to support increased funding for the Infant and Toddler Early Intervention (EI) Program to provide vital services to thousands more children.

Infant and Toddler EI (also referred to as Part C EI) is a program that provides services to children from birth to 3 years who have a developmental delay or high probability of a developmental delay. Services aim to improve a family’s ability to support their child’s health, optimal development, educational success, and lifelong well-being.

Across Pennsylvania, racial disparities exist in access to Infant and Toddler EI stemming from root causes like the lack of access to quality neonatal and pediatric care for Black and Brown children. Pennsylvania’s most underserved children, including children in foster care and children experiencing homelessness, are significantly less likely to receive evaluations after being referred for Part C EI compared with their peers, despite having a demonstrated need.

Infant and Toddler EI is funded through a patchwork of sources, with federal funds covering only a small portion of the costs, so Infant and Toddler EI depends on state funding to ensure that every child needing services receives them.

Alongside our partners in Early Learning Pennsylvania’s Part C Early Intervention Workgroup, we call for state funding increases for Part C EI in this year’s budget. Funding is key to a broader solution addressing workforce shortages, equitable enrollment, and growing needs of children and families. Learn more at https://thrivingpa.org and sign up for updates from the Part C Early Intervention Workgroup. 

Winning Systemic Reforms for Students Entitled to Education in Hospitals

ELC obtained a settlement on behalf of “Gia,” a student with a disability in foster care, who did not receive appropriate educational services during her two years in a behavioral health hospital. The school district where Gia was living while in the hospital had an obligation to provide appropriate educational services, including special education, to children in hospitals within its boundaries, but Gia did not receive these vital services.

Gia is a determined student who likes Pokémon and serves as a leader for younger classmates. Despite strong advocacy by her court-appointed educational decision maker, she was continually denied the education that she needed to make academic progress, in violation of her rights.

As a result of ELC’s intervention, Gia’s school district agreed to provide her with compensatory education services to make up for the services that she did not receive and to enact systemic reform that will ensure other students in hospitals receive the educational services they need and are obligated to receive.

ELC is increasingly representing children who remain in behavioral health hospitals for long periods of time, causing significant educational upheaval. Black children are disproportionately represented in these hospitals, due in part to a systemic failure to provide effective, culturally responsive mental health services in their communities and disproportionate representation in the foster care system due to systemic racism. In some cases, children in foster care represent more than a third of the children in behavioral health hospitals and often remain for long periods due to the lack of appropriate placements for their transition.

ELC will continue to work to ensure that children in hospitals receive quality educational services and minimize the disruption of hospital placements.

Battles Over Homophobic, Transphobic School Board Policies Continue 

Students have the right to be free from harassment and discrimination on the basis of their gender identity and expression and sexual orientation. Parents in school districts across Pennsylvania continue to contact ELC, as communities raise the alarm about proposed discriminatory policies and proposals to contract with Independence Law Center, a religious organization that works to create school policies that discriminate against LGBTQ+ students.

These continued threats fly in the face of the federal Education Department’s recently released new Title IX regulations, clarifying and confirming that the federal prohibition on sex discrimination includes discrimination on the basis of gender identity and expression and sexual orientation.

Parents, students, and community members interested in learning more about these rights and opportunities for advocacy should contact ELC at intake@elc-pa.org. To learn more about these types of educational rights violations, see this ELC resource.

Know Your Rights Presentations

with Community Partners in Pittsburgh

ELC senior attorney Hetal Dhagat presents in June to families in Wilkinsburg.

ELC has continued its collaboration with The Global Switchboard to provide workshops in Pittsburgh for parents on various education topics, including the rights of multilingual learners and their families. In June, we facilitated a presentation on the rights students have in the school discipline context and the right to translation and interpretation for families with the Somali-Bantu Community Association. The program was live-translated into both Maay and Kizigua.

We also presented on special education and gifted education for parents in Wilkinsburg, many of whom were immigrants seeking more information about the U.S. K-12 education system. 

Know Your Rights Workshop with NAACP

ELC staff attorney Ashli Giles-Perkins led a workshop on Unpacking and Combatting Hostile School Environments for members and supporters of the Bucks County NAACP on June 17. The workshop took a deep dive into the signs of a brewing or ongoing hostile school environment and the different strategies and remedies available to combat race-and gender-based harassment and discrimination.

Ashli’s presentation covered local school board policies, state anti-discrimination protections, and federal agencies and laws that uphold crucial rights for students, such as Title VI and Title IX. Attendees — including educators, parents, and community leaders — also learned about ELC's administrative complaint filed with the federal Office of Civil Rights against the Pennridge School District. 

July Is Disability Pride Month!

Disability Pride Month is celebrated every July, commemorating the landmark passage of the Americans With Disabilities Act in July 1990. It is a time to promote awareness of the positive pride of those within the disability community and the powerful accomplishments of the movement for rights and for justice for people with disabilities. Disability pride is a direct challenge to ableism and the stigmatizing definitions of disability that are still prevalent.

Since ELC’s founding 49 years ago, we have worked on multiple fronts to ensure students with disabilities have access to quality public education. Our activities include producing a wide array of rights-based resources, available here. Join us in celebrating Disability Pride Month and recommitting to ensure that schools are affirming and responsive, enabling all students to thrive.

Save the Date:

Join Us for ELC’s 49th Anniversary!

We are thrilled to honor four remarkable education justice leaders at this fall’s celebration on Sept. 25 at Vie in Philadelphia: ELC’s outgoing board chair, Al Suh, as he concludes his distinguished tenure on ELC’s board of directors; longtime ELC champion David Buckman; and our courageous community partners dedicated to building affirming and inclusive schools, The PairUP Society and NAACP of Bucks County.

Learn more about sponsorship opportunities. We hope you will mark your calendars today and join us for this special evening.

A Well-Deserved Recognition

of ELC and Its Leader

There are many heroes in the fight to win fair school funding for Pennsylvania students. We are grateful to have the brilliant, tenacious Deborah Gordon Klehr leading our team as executive director.

This profile, titled “PA’s Fair Funding Champion,” that recently appeared in The Philadelphia Citizen illuminates her visionary leadership and unwavering commitment for fair school funding and ELC’s other advocacy for educational justice.



We are grateful to have a dedicated community of partners working alongside us in our critical advocacy.

Remembering Caryl Oberman

ELC remembers and honors the life of former ELC attorney Caryl Oberman, who passed away in June. A dedicated special education advocate, Caryl worked at ELC in the 1980s and went on to found a law firm that specialized in disability rights and school discipline cases. 

Caryl Oberman in 2021 (photo: Merrill Weber)

A 2021 tribute to “inspirational women” described Caryl as “motivated by a passion for justice and a belief in the transformative power of education,” and said she “enabled thousands of children with disabilities to receive the quality education to which they are entitled.” She will be missed.

Book Bans on the Rise in Pennsylvania by Hilary Daninhirsch for North Hills Monthly Magazine.

Jim Crow-Era School Funding Hurt Black Families for Generations, Research Shows, by Mark Lieberman for Education Week.

Pittsburgh Public Schools taking over educational services at Allegheny County Jail by Megan Tomasic for Pittsburgh Post-Gazette.

School Vouchers And Outsourcing Discrimination by Peter Greene for Forbes.