November 2023
Basic Education Funding Commission
Must Meet Its Mandate
A 2022 advocacy action led by Philadelphia Student Union.
Through eight hearings over the past two months, the testimony heard by Pennsylvania’s bipartisan Basic Education Funding Commission has been remarkably consistent, again and again highlighting the same themes about a school funding system that is inadequate, inequitable, and racially unjust.

Districts across Pennsylvania lack the funding they need to deliver an effective and contemporary public education to students – particularly in low-wealth communities. Schools need predictable and recurring revenue. A fair funding system also needs to address the acute facility needs in many communities.

While hearings continue this month, the time is near for the commission to write up its report, responding to the mandate to deliver a plan responding to the historic court ruling that our state’s school funding system is unconstitutional. The report is now promised by January, in time to inform Gov. Shapiro’s February 2024 state budget proposal.
We continue to emphasize four essential components for the forthcoming commission report:

  • Determine the total cost of a constitutionally compliant education by identifying an “adequacy target” for each district. (The analysis presented to the commission by Dr. Matthew Kelly indicated that $6.2 billion is needed to adequately fund all schools. See per-district shortfalls here.)
  • Address the unmet needs for facilities, special education, and pre-K.
  • Establish a fair state share toward those targets so districts can reach adequate funding with a reasonable local tax effort.
  • Come up with a reasonable timeline for the state to promptly fulfill its share of those targets.
You can provide input to the commission by submitting a comment on the commission's website. The school funding advocacy coalition PA Schools Work is mobilizing supporters of fair funding to rally in Harrisburg on Nov. 14. Learn more and sign up to attend here.
Battle Over Book Bans Heats Up
In the run-up to November’s school board elections, the General Assembly has displayed two starkly different approaches to book censorship efforts by local school districts. At a joint House/Senate Democratic Policy Committee hearing, ELC executive director Deborah Gordon Klehr testified about the insidious effect of book bans, arguing that “book bans not only deprive students of important learning, they directly undermine student self-esteem, erase identities, and treat students of color and students who identify as LBGTQ+ as inferior and unwelcome.” The hearing followed the introduction of two bills prohibiting school district book bans. 
The Pennsylvania Senate took the opposite approach, holding a hearing on and passing Senate Bill 7, which would encourage the removal of books. ELC senior policy advisor Sharon Ward testified that Pennsylvania law already includes strong protections for parents to opt their children out of curriculum or lessons and to oversee students’ library book choices, but that “school boards’ authority to remove books is limited by federal and state law, including the First Amendment, and students have a First Amendment right to read and receive information.” The bill is not expected to move in the House. 
 
Locally, more school districts are advancing book ban policies or, alarmingly, removing books from libraries outside existing board procedures. ELC supported Blackhawk School District community members fighting illegal book removals by the principal, and we decried a new policy permitting a parent or community member to challenge a book “not consistent with their fundamental religious beliefs” and banning materials that are not “neutral.” The policy, which passed 6-3, robs children and families of their right to access materials they would not find objectionable. But parents continue to fight back in districts across the state.
Detailing the Troubling
Consequences of School Vouchers
Maura McInerney testified about the problems with private school vouchers at a legislative hearing Oct. 25.
Legal director Maura McInerney testified before a joint House Education and Appropriations Committees hearing on Oct. 25 in opposition to H.B. 757, a bill that would divert public funds to a new private school voucher program. Maura testified that diverting funds to private schools will undermine the state’s ability to fulfill its unmet constitutional obligation to adequately and equitably fund our public schools as required by the Commonwealth Court’s ruling in the school funding case.

Maura emphasized that such voucher programs subsidize private schools that discriminate against students based on race, disability, religion, ethnicity, and sex, depriving underserved students of equal opportunities. The proposed voucher program also lacks standards, transparency, and accountability. She testified that peer-reviewed research shows that private school voucher programs fail to improve educational outcomes for students. Read her testimony here or watch it here.
Building Support for HB 1708:
Stop Criminalizing Youth!
Education Law Center and Juvenile Law Center co-hosted a well-attended online “Legislative Lunch & Learn” on Oct. 19 to highlight the significance of House Bill 1708, a vital juvenile justice and education reform bill that passed out of the Pennsylvania House Judiciary Committee in September. The webinar included an overview of the key provisions in the bill. It would expand opportunities for school-based diversion, establish mechanisms to ensure educational oversight in facilities, narrow the definition of a weapon, and prioritize school stability for students transitioning back to their home school districts.

Rep. Carol Hill-Evans, one of the co-sponsors of the bipartisan legislation, gave remarks during the webinar and encouraged support for this transformative bill. ELC continues to seek additional organizations to sign on and support HB 1708 through a letter to all members of the House. Learn more about HB 1708 and sign on to support here. 
Know Your Rights Workshop in Pittsburgh
ELC participated in a Know Your Rights workshop for parents and guardians on Oct. 7 in Pittsburgh, sponsored by the Education Rights Network. ELC teamed up with Dr. Erika Edwards, a restorative justice coordinator, to present on the special education rights of students and guardians. The event was an opportunity to connect with community advocates and engage with parents and guardians on the steps they can take to ensure their child receives a free appropriate public education.
Make a Difference on Nov. 7!
We are a few short days away from Election Day on Tuesday, Nov. 7. Education issues are effectively on the ballot in every election. But this year in particular: school board seats are on the ballot and hotly contested in school districts across the state. Extremist groups that are hostile to efforts to make schools inclusive, supportive spaces for Black and Brown students and LGBTQ students have been organizing and putting money into school board races.

Make sure that your voice is heard! Make a plan to exercise your right. If you have not returned your mail ballot yet, find out when and how to return your ballot here. If you are voting in person, you can find your polling place here.
Put ELC on Your List for Giving Tuesday 
Mark your calendars! Giving Tuesday is Nov. 28! On this global day of giving, please consider supporting ELC with a gift of any size. Together, we can ensure that all children in Pennsylvania have access to quality public education.

We play an essential role in supporting the education rights of students living in poverty, students of color, students with disabilities, students in the foster care and juvenile justice systems, multilingual learners, LGBTQ youth, and students experiencing homelessness. Our strategies include direct representation, impact litigation, community engagement, policy advocacy, and strategic communications. 

Follow us on social media for updates.
Check Out Our Job Postings!
ELC is seeking a director of our Western Pennsylvania office in Pittsburgh and is also seeking a staff attorney in our Pittsburgh office.

For our Philadelphia office, ELC is seeking an intake coordinator to manage our Helpline.

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