January 2023
Happy New Year! Here is a look ahead at our plans for 2023, building on our recent accomplishments. We are grateful for our partnership with you and look forward to our continued collaboration in 2023!
Fighting for Fair School Funding 
In our historic fair funding case, we presented powerful evidence throughout the course of the four-month trial last year demonstrating that Pennsylvania’s school funding system is unconstitutionally inadequate and inequitable. We anticipate a decision from the Commonwealth Court in early 2023, and we also anticipate an appeal to the Pennsylvania Supreme Court by the losing party. We remain optimistic; we know that this case could change the trajectory for generations of students in Pennsylvania. 
ELC legal director Maura McInerney speaks at a press conference
outside Commonwealth Court following closing arguments last March.

In the meantime, Governor-elect Shapiro can begin to implement his vision for a fully funded system on Day 1 as he prepares his March budget proposal. ELC, as part of the PA Schools Work coalition, will continue to advocate for the governor and legislature to allocate sufficient funds to the districts that need it most. And we will continue to educate policymakers on the need to fully fund our schools through increased allocations to basic education, special education, early childhood education, and facilities.
Ensuring Equal Access
Highlights of ELC’s equal access work in 2022 included the adoption and implementation of Act 1, which supports timely graduation for youth in the foster care and juvenile justice systems and youth experiencing homelessness; advocacy to ensure that children with disabilities receive compensatory education services for learning disruptions experienced during the pandemic; advocacy for high-quality education for young people navigating alternative school pathways; and legal representation and advocacy in numerous individual cases.

In 2023, we plan to continue expanding our advocacy on behalf of Black girls, work with partners on juvenile justice reform legislation, and challenge the quality of education provided to students who are hospitalized or placed in detention centers and residential facilities – including ongoing impact litigation on behalf of former students at Glen Mills Schools.

New publications in 2023 will include an ELC report on the need to create affirming and equitable education spaces for Black girls and a co-authored policy brief addressing the impact of fines and fees in Pennsylvania’s public schools.   
Improving School Climate,
Stopping the School-to-Prison Pipeline
In the next year, we will continue to work to eliminate excessive and discriminatory application of school discipline and create welcoming schools for all students. Our work will focus on students of color and students with disabilities, who are disproportionately impacted by exclusionary discipline.

Our strategies include legal consultation and representation of individual students, policy advocacy, collaborating with community and youth-led organizations, and advocating for systemic reforms based on best practices for achieving culturally affirming, trauma-informed schools.

Recognizing that bullying and harassment are significant barriers to accessing education, the impacts of which can last a lifetime, we will continue to advise parents on their rights and legal options, press schools to uphold their obligation to address civil rights violations and prohibit discrimination, and increase our efforts to identify strategies to systemically address bullying and harassment. 
Working for Honest and Inclusive Schools
In 2022, we saw an alarming trend of policies specifically targeting trans students, a flurry of regressive book bans, censorship of curricula, other policies discriminating against LGBTQ+ students, and legislation proposing to apply such harmful policies statewide. Left unchallenged, these developments create a hostile environment in schools – where commitments to diversity, equity, and inclusion are dropped, classroom discussions about civil rights and systemic racism are prohibited, and Black, Brown and LGBTQ+ students, educators, and parents are dehumanized.

To fight these harmful policies, ELC launched our Inclusive Schools and Honest Education initiative, engaging in advocacy with school boards and the state legislature and joining efforts to educate and empower parents. In the past eight months alone, ELC has identified 13 school districts considering discriminatory policies. We continue to monitor and oppose at least six bills in Pennsylvania’s General Assembly that propose book bans, curriculum censorship, or discrimination against transgender students.

In the new year, we remain concerned about increased targeting of rights of transgender and nonbinary students: seeking to prohibit them from using facilities or participating on sports teams aligned with their gender identity, harassing them by using an offensive name or pronoun, and banning the display of rainbow pride flags.

ELC will monitor implementation of harmful district policies. We will support parents with legal rights trainings, including providing information and advocacy on important new regulations under the Pennsylvania Human Relations Act clarifying that racial discrimination includes discrimination on the basis of natural hair styles, and sex discrimination includes sexual orientation and gender identity discrimination.
Anti-Black Racism and the
Exclusion of Black Caregivers
Staff attorney Paige Joki, in partnership with UC Hastings Law professor Thalia González, recently published an essay in the UCLA Law Review entitled Discipline Outside the Schoolhouse Doors: Anti-Black Racism and the Exclusion of Black Caregivers. This article calls attention to an unjust practice called parental exclusion.

Schools typically issue a formal notice banning a caregiver from school without a prior appointment, alleging that a caregiver's conduct has violated some provision of their code of conduct. In many cases, caregivers are issued notices after contesting education civil rights violations experienced by their children. Many notices also threaten the caregiver with police interaction or arrest if they show up to the school without a prior appointment.

At the Education Law Center, we have consistently observed school districts across the commonwealth issuing parental exclusion notices. The stories we have heard make it clear that parental exclusion notices are weaponized specifically against Black female caregivers. While parental exclusion is not a new phenomenon, this study of its impact is groundbreaking work. We are looking forward to gathering stories from families who have been impacted by exclusion and continuing our advocacy into 2023.
Thank You for Supporting Us!
Your generous contributions have allowed us to support hundreds of families facing education barriers and learning disruptions, advocate against harmful and discriminatory school policies – including book bans and classroom censorship – and fight for fair funding. We are so grateful for your commitment to our mission and look forward to continuing this work with you into the new year. Watch our board member Dr. Rotonya Carr describe the impact of your giving and our work. And thank you for your support!
Join Our Team: We're Hiring!
ELC invites 1Ls and 2Ls to apply for summer legal externships in our Philadelphia office. Applicants should be committed to racial justice and education access for all students, particularly underserved populations. Applicants should send a resume, cover letter, writing sample, and three references to Margie Wakelin by January 15. Applications will be reviewed on a rolling basis. See the full description here. 

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.
What We're Reading:

Unlocking Futures: Youth With Learning Disabilities and the Juvenile Justice System by Jessica Snydman for National Center for Learning Disabilities. 

Decarceration Begins With School Discipline Reform by Anthony Conwright for Learning for Justice. 

The Evolution of the Anti-CRT Movement: A Timeline by Eesha Pendharkar for Education Week.  
What We're Listening To:
Education Law Center | 215-238-6970 (Philadelphia)| 412-258-2120 (Pittsburgh)|
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.