October 2021
ELC Celebrates 46 Years,
Honors Equity Advocates
Thank you for celebrating the Education Law Center’s 46th anniversary with us on September 29!

We honored three extraordinary women, all longtime advocates for equity in education: Pediatrician Barbara Klock, advocate for immigrant and refugee communities Kristen Tsapis, and social justice advocate Rochelle Nichols-Solomon, our Lifetime Achievement awardee. Each gave an inspired talk about her work and commitment to equity. 
Rochelle Nichols-Solomon with her award
We heard powerful testimonials about the impact of unfair funding from two college students, Victoria Monroe and Nasharie Stewart, each a graduate of the William Penn School District, the lead school district petitioner in our case against the state for failure to fund public education. Maura McInerney, ELC’s legal director, gave an update on the upcoming trial in the fair funding case.

Executive director Deborah Gordon Klehr had a wide-ranging discussion with board member and educator/activist Professor Edwin Mayorga about the challenges in our work for educational equity and racial justice. Deborah highlighted the essential work that ELC is able to accomplish – with the outstanding support of the celebration’s sponsors and guests. 
Help Us Reach Matching Gift Goal: We Are So Close!
We are so pleased we raised $380,000 with your support in advance of the celebration. Then at the event itself, you contributed an additional $15,000 in pledges that were matched dollar for dollar! That same match is still available to cover an additional $10,000. We’re so close! Won’t you consider supporting our work with a donation today? Thank you to everyone who joined us on Wednesday night, supports our work, and/or partners with us to ensure all children in Pennsylvania have access to quality public education!
Trial in School Funding Lawsuit Begins Nov. 12
Trial in our lawsuit challenging the constitutionality of Pennsylvania’s school funding system is now slated to begin on Friday, Nov. 12, following a 30-day extension requested by counsel for Sen. Jake Corman due to an unforeseen medical emergency of an attorney in the case. In just six weeks, the trial will begin in Commonwealth Court in Harrisburg. A livestream of the proceedings will be available.

A recent column by ELC executive director Deborah Gordon Klehr in the Legal Intelligencer explained how past school funding lawsuits have had a positive impact both in policy – increased revenues for schools – and in the educational and life outcomes for students. The funding lawsuit continues to generate media interest and positive press like this editorial that appeared in the Delaware County Times and other newspapers.
This new video prepared in partnership with the Public Interest Law Center presents Pennsylvanians speaking out about their experiences with underfunding and its impact on the condition of school buildings. We encourage you to find ways to share your stories about underfunded schools. You can help us keep the issue in the news and in the public eye by writing letters to the editor and sharing information about the lawsuit on social media. Contact ELC communications specialist Paul Socolar if you are interested.
ELC Receives “See the Best in Me” Award at Black Girls Equity Summit 
ELC was honored to receive a "See the Best in Me" award at the Gwen's Girls and Black Girls Equity Alliance's 2021 Equity Summit. ELC was recognized for our education justice work on behalf of Black girls in Pittsburgh and Allegheny County. We were humbled to be honored alongside many individuals and advocates who work to ensure that Black girls are supported and given the space and opportunities to shine.

ELC attorneys Essence Kimes and Hetal Dhagat also led a fireside chat at the summit that focused on Black girls and their right to special education supports and services. Participants discussed under- and over-identification of Black girls with disabilities stemming from racial bias against Black girls that prevents them from getting needed supports and services in school, disparities in school discipline of Black girls, and how to use laws to protect and support Black girls with disabilities in school.  
Defending Racial Equity Initiatives,
Fighting Book Bans 
ELC is monitoring school board debates about banning discussions of race, racism, and critical race theory (CRT) and other attempts to undermine school-based diversity, equity, and inclusion (DEI) programs, and has led efforts to oppose anti-CRT legislation. Additionally, ELC is working with national advocates to develop resource materials to help parents and other advocates understand who is behind these organized attacks against honest education about race and racism and how to effectively respond. 
Photo: Patricia Jackson
We can win. Kudos to the students and their supporters who led a successful fight last month against the Central York School Board, which had reversed work done by the district's DEI committee and banned books and other materials from school use. Facing national attention and criticism, the board voted to overturn its ban on Sept. 20. More than 4,500 books from the list of banned books have been donated to the community after publicity about the controversy.
Back-to-School 2021: New Resources!
As part of our 2021 Back-To-School Guide, ELC rolled out a comprehensive suite of 18 free and fillable self-advocacy tools for families, advocates, and providers to address many of the most pressing education barriers we hear about through our helpline and through our engagement with community partners. These tools address barriers in enrollment, attendance, special education supports and services, language access, and bullying and harassment. Our tools include prompts to report racially inequitable and discriminatory conditions and a form for multilingual students and families to request translation and interpretation supports.

This year’s guide also steers readers to nearly 30 different rights-focused fact sheets, which we updated this year to reflect new developments in the law, address the changing situation in schools related to COVID-19, and strengthen our focus on racial inequity in schools.
The Importance of a Mask Mandate
After receiving many helpline calls from concerned parents about the danger of COVID spread in schools, ELC sent a letter to the governor and to the legislature calling for a statewide mask mandate in schools. Nearly 50 organizations signed on in support of the letter. Just a day later, the Wolf Administration issued a mask mandate order for schools and child care centers! News coverage references our letter. Wearing masks is one way we can help prevent the spread of COVID-19, keep students and staff safe, and keep schools open.

With the state legislature back in session, ELC is working with allies to oppose legislation to weaken the school mask mandate. This week, the House debated a new school voucher bill that would allow any student unwilling to wear a mask to attend a private school at taxpayer expense. Eighteen Republicans joined Democrats in opposing the bill – a significant victory, but the bill may come up again in early October. 
ELC Ensures Access to
Surrogate Parents for Students
ELC remains committed to ensuring that students who are experiencing homelessness receive the special education services they need and are entitled to in school. Youth living on their own must have someone appointed by a district to make special education decisions if they don’t have an adult in their life who can serve in this role. Skilled volunteers who serve in this capacity help get students critical supports and services they need as “surrogate parents.”

As a result of a systemic complaint ELC first filed with the Pennsylvania Department of Education in 2018, the School District of Philadelphia was ordered to implement sweeping changes to make sure that surrogate parents are promptly appointed for all students who need them within 30 days as required by federal law. ELC also secured important individual relief for multiple students who were left without anyone to make education decisions on their behalf.

ELC’s sustained advocacy resulted in the following key changes in Philadelphia: 
  • Creation of a standing pool of at least 10 volunteers who can be promptly appointed to serve as surrogate parents.
  • Trainings to ensure that district staff know that shelter staff and outreach professionals can be appointed as a surrogate parent on a temporary basis.
  • Improved coordination with the district and increased data collection to ensure that students with disabilities experiencing homelessness are properly and promptly identified. 

All districts need to provide surrogate parents to students who need them. You can learn more about surrogate parents and the rights of students experiencing homelessness here. 
Join Our Team: We're Hiring!
See our website for a full description of job opportunities at ELC, including staff attorney positions in our Pittsburgh and Philadelphia offices.
What We're Reading...
When Schools Call Police on Kids by Corey Mitchell, Joe Yerardi, and Susan Ferriss for The Center for Public Integrity 


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.