April 2022
Vigils Show Support for Fair Funding Lawsuit
ELC legal director Maura McInerney speaks at a March 15 vigil in Philadelphia.

Hundreds of Pennsylvanians took part in vigils and rallies across the state on March 15, marking the end of our school funding trial. These events reiterated the messages heard in court during the lawsuit and called for the legislature to make major, new recurring investments in public schools. Speakers emphasized that state officials do not have to wait for a resolution of the lawsuit to take significant steps to provide adequate, equitable funding.

Coordinated by Education Voters PA and Children First and often led by multiple organizing groups, 15 in-person events held around the state attracted more than 600 people energized by the trial – and drew extensive media coverage. ELC staff were pleased to speak at four of these events: in Philadelphia, the William Penn School District, Norristown, and Pottstown.

Speaking at the Philadelphia event, ELC legal director Maura McInerney said, “Our trial showed that we in Pennsylvania have a two-tiered system that is unconstitutional and that must end. And there is a clear pathway forward where every school in every community receives the basic resources they desperately need, all our children deserve, and to which they are legally entitled.”
School Funding Lawsuit
Moves Into Post-Trial Phase
The conclusion of the funding trial in Harrisburg, with closing arguments in Commonwealth Court on March 10, was a major milestone for our legal team. You can read all about the closing arguments and our post-trial press conference and review highlights of the press coverage at our Fund Our Schools PA website. With the evidence in, our attorneys now shift their attention to a busy schedule of post-trial filing deadlines this spring and summer.

Later this month, the parties in the case will be submitting their proposed “findings of fact” and “conclusions of law” to the court. Several outside parties with an interest in the case will be submitting amicus briefs in early May.

Then between May and early July, the parties in the case will be filing briefs addressing the legal issues. The court will schedule oral argument on the legal issues this summer, after those briefs are filed. Bookmark the Fund Our Schools PA website to stay up to date on developments in the case.

And tune in TODAY, Friday April 1 at noon to hear from our trial attorneys at a webinar about the lawsuit, the trial and what is ahead, sponsored by the PA Schools Work coalition.
Greater Johnstown Superintendent Amy Arcurio speaks at a March 10 press conference.
New Charter Regulations
Contain Anti-Discrimination Provisions
New state regulations that would help to end discriminatory practices in charter schools have cleared a major hurdle, but challenges remain. The state’s Independent Regulatory Review Commission voted to approve the regulation package on March 21. ELC submitted comments on the regulations and supports their adoption.

We know that the charter school sector has more schools that are racially segregated and serves fewer economically disadvantaged students, fewer students experiencing homelessness, and fewer English learners compared to traditional district schools. Students with certain types of significant disabilities are routinely underrepresented among students enrolled in charters. The regulations help ensure that new charter applicants comply with federal anti-discrimination laws and demonstrate the capability to serve all students with disabilities. The regulations also require every charter school to spell out their enrollment process and disclose application and enrollment data disaggregated by race and other demographic information to make visible whether they are unfairly excluding students.

Republican members in the House and Senate are preparing formal resolutions of disapproval that could be voted on this month. Gov. Wolf is expected to veto those. ELC will be working with our allies to build support for the regulations and ensure final passage. 
Supporting Students Experiencing Homelessness
ELC staff attorney Paige Joki spoke at a roundtable organized by Sen. Vincent Hughes last month addressing the many barriers young children and students face who are experiencing homelessness in Pennsylvania. Sen. Hughes convened this expert panel to highlight those barriers and call for effective solutions across the systems charged with supporting students experiencing homelessness.

ELC continues to urge lawmakers and the Pennsylvania Department of Education to adopt a universal screen to help identify eligible students to ensure the robust protections of the McKinney-Vento Act, a federal law that supports students experiencing homelessness. Universal screening, a practice recommended by the U.S. Department of Education, ensures that schools are asking the right questions to all families and students at the beginning of each school year and after each move, fulfilling the legal obligation that all local education agencies proactively identify students experiencing homelessness. ELC remains dedicated to ensuring that this important practice is implemented in all Pennsylvania public schools. 
Fighting Discrimination Against Trans Athletes 
The nationwide wave of hateful, politically motivated attacks on transgender people has sparked a legislative battle in Pennsylvania. The General Assembly is considering a bill that would ban transgender women from participating on women’s sports teams at the high school or college level. Eleven states have implemented similar, blatantly discriminatory bans, and 10 more states are considering legislation to do so. A West Virginia law has been blocked by a federal court as a violation of civil rights laws.

HB 972 was approved by the Pennsylvania House Education Committee on March 29 on a party-line vote. It will likely advance in the coming weeks. ELC urged the committee to oppose this harmful bill, arguing it is discriminatory and will increase harassment and isolation of trans youth. Gov. Wolf has said he will veto the bill if passed. Learn more about how to support the rights of trans students here. Contact your legislators to oppose HB 972. 
Working to Block New Voucher Legislation
They are back at it. The General Assembly is trying yet again to pass a school voucher bill that would divert funds from public schools.

HB 2169 would create a new Treasury-administered program to offer private school scholarships to families in the 15% of schools deemed lowest-performing. There would be no income requirements for the scholarships, which would be based on the state per-student funding amount for the target school district. Similar programs in other states found fraud and abuse in the program.

ELC is working with Pennsylvanians Opposed to Vouchers to block the bill, which will drain an estimated $170 million from 85 of the poorest school districts. Contact your state legislators today to oppose HB 2169 and instead support Gov. Wolf’s proposed historic increases in our public schools in this year’s budget.
Advising Students in a
West Philadelphia Youth Program
Our Independence Foundation Public Interest Law Fellow, Ashli Giles-Perkins, was a keynote speaker to the ​inaugural graduating cohort of “Junior Defenders” at Sayre High School in West Philadelphia last month.

The six-week Junior Defenders program is an initiative through the Defender Association of Philadelphia, educating students on the criminal justice system, the school-to-prison pipeline, collective resistance, and how young people can become change agents in their schools and communities. The program was developed in a collaboration between Sayre, the Youth Arts & Self-Empowerment Project, and the Defender Association.

Ashli spoke to the class about exploring their full potential, advocating for themselves and others, and taking advantage of all the opportunities that will follow the program, while emphasizing that the knowledge they gained because of their successful completion of the program will be life-lasting. 
Welcome Joan, Our Newest Staff Attorney!
We are thrilled to announce that Joan Owhe has joined ELC as a staff attorney in our Pittsburgh office. Joan will be involved in all aspects of our legal and policy work at ELC. Joan comes to ELC with eight years of experience as an assistant district attorney in Nassau County, NY, most recently in the Special Victims Bureau. Joan is a graduate of New York University and Hofstra University School of Law.

She is passionate about working on behalf of underserved children. We are so glad she has joined us at ELC! Welcome, Joan!
And An Appreciative Goodbye
Join us in thanking Essence Kimes as she concludes her fellowship at the Education Law Center. With support from Equal Justice Works, PNC, and McGuireWoods, Essence has worked to ensure that students in Allegheny County have appropriate supports and services in schools. She has made a tangible difference in the lives of individual students as she advocated for improved access to mental health supports for Black girls.
 
Essence has accepted an offer to work with Ebony Law in Pittsburgh, and we look forward to continued collaboration. Thank you, Essence! 
Join Our Team: We're Hiring!
ELC is seeking a development specialist. See our website for a full description of job and internship opportunities at ELC.
What We're Reading...
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