New Players in Harrisburg |
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Good news! Key ELC priorities, including adequate and equitable school funding and juvenile justice reform, will have a better chance of success with the election of Josh Shapiro as governor.
While we await a decision in our school funding case, we can report that changes in leadership in Harrisburg will bring several new faces to our litigation in 2023 – because the named respondents in the case include the governor, the House speaker, the Senate president, and the state secretary of education.
As attorney general, Shapiro filed an amicus brief in our school funding case, agreeing with our argument that the present school funding system is unconstitutional. As governor, Shapiro could play a lead role in crafting a constitutionally compliant funding system. Additionally, and importantly, he has indicated he would likely veto book ban legislation and a dangerous Don’t Say Gay bill; he is a strong supporter of LGBTQ rights.
There is also potentially good news in the General Assembly. Having won 102 of 203 legislative districts, Democrats will take control of the House of Representatives, but three Democratic seats are going to be vacant until special elections are held, leaving them temporarily in the minority again, perhaps until May.
Democratic control of the lower house offers opportunities to see advancements in non-discrimination legislation, in overdue implementation of recommendations from the 2021 Juvenile Justice Task Force report, and in charter school funding reform. However, if Republicans retain control until all members are seated, we could see action on some problematic constitutional amendments, resurrection of the Don’t Say Gay bill, and other harmful bills. ELC staff are preparing for both scenarios.
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Advancing Black Girls Education Justice:
A Forthcoming Report
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ELC is part of the movement to advance the rights of Black girls. We engage in focused work with valued community partners to address the ways that Black girls’ education and educational opportunities are undermined by racism and sexism.
Since 2015, ELC has developed what we call our “Black Girls Education Justice Initiative.” Through this work, we challenge the root causes of inequity through legal, policy, and communication strategies to ensure that Black girls are holistically supported, affirmed, and celebrated. A key aspect of this work is to seek out the lived experience and expertise of Black girls, as they are the best situated to describe real-time conditions in our schools. This led to the development of our forthcoming report: We Need Supportive Spaces That Celebrate Us: Black Girls Speak Out About Public Schools.
ELC worked closely with youth-led and youth-serving partner organizations to conduct focus groups in which we could hear directly from Black girls about the barriers they face in schools and what conditions must change to ensure that they receive the high-quality education they deserve.
ELC has analyzed and documented the shared themes and recommendations that emerged across students’ focus group responses. The need to address anti-Black racism was an overarching theme Black girls identified as essential to create affirming, supportive school environments. All the themes Black girls shared with us are consistent with other research and scholarship.
We look forward to sharing their insights when we release our Supportive Spaces report in early 2023.
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Pittsburgh Public Schools
Takes a Stand Against Harmful Legislation
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Kudos to Pittsburgh Public Schools for being the first Pennsylvania school district to go on record against four harmful bills that are pending in the state legislature.
In line with our Inclusive Schools, Honest Education initiative, ELC provided testimony in November in support of a resolution before the board of Pittsburgh Public Schools opposing bills from Pennsylvania lawmakers that would ban books, limit the teaching of accurate history, threaten teachers with lawsuits, and attempt to silence the voices of LGBTQ+ people and people of color.
ELC senior staff attorney Hetal Dhagat submitted testimony that schools that are welcoming and affirming provide books and materials that allow students to see themselves and give them the opportunity to learn and explore the world and experiences of others. Providing children with an education that honors their history and experiences gives them a safe space to learn and prepares them to participate fully in a diverse society. The proposed state bills would do the opposite.
The board resolution passed unanimously. We applaud the district for reaffirming its commitment to teaching truthful history and to prohibiting discrimination against students.
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Back in School After a Wrongful Transfer |
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ELC staff attorney Ashli Giles-Perkins was contacted last April by a local public defender's office about a ninth-grade student, “Bobby,” who had not been in school for five months. Bobby's guardian told us she believed Bobby was transferred to an alternative school after a fight at school but was unsure how this happened or why — without a hearing or proper paperwork, in violation of his rights.
We later learned that Bobby, who has an IEP for a learning disability, had been improperly transferred to a highly restrictive school setting that served only students with disabilities, in direct violation of his IEP, which specified that Bobby could access his education in a less restrictive, more inclusive setting.
Bobby wanted to return to his neighborhood school with his peers, so Ashli obtained Bobby's school records and contacted the school district. She emphasized that Bobby was not in an appropriate educational program, which deprived him of his rights. She challenged the improper transfer and questioned why Bobby was not able to attend his local public school.
ELC Equal Justice Works fellow Zoe Masters participated in an October IEP team meeting at Bobby’s neighborhood school, and with her advocacy, the school team agreed that Bobby could return. They promised to collect new data to assess any regression and to increase supports in his IEP. Bobby and his guardian just confirmed to us that he is back in school and doing great! We are now pursuing remedies to address the nearly nine months Bobby spent out of school.
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ELC Joins Amicus Brief
in Support of LGBTQ Rights
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ELC joined with 47 national and statewide organizations in submitting an amicus brief in Billard v. Charlotte Catholic High School, a federal appeal concerning a teacher who was fired after he posted on Facebook that he was planning to marry his male partner. While the case concerns the rights of employees under Title VII of the Civil Rights Act in the context of religious exemptions, it has potential implications for students under Title IX. By joining this amicus brief, ELC seeks to prioritize the rights of individuals, including students, to be free from discrimination based on sex, which encompasses sexual orientation and gender identity, as the Supreme Court has recognized. |
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Thanks for Giving on Tuesday! |
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Amid attacks on LGBTQ students, widespread book bans, anti-Black racism, and persistent underfunding of public schools — our fight for education justice is more important now than ever. Our resolve is strong. The work that we do at the Education Law Center wouldn’t be possible without the generosity of supporters like you.
Thank you to everyone who supported our Nov. 29 #GivingTuesday fundraiser! It’s not too late to support our work.
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Join Our Team: We're Hiring! |
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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.
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Education Law Center | 215-238-6970 (Philadelphia)| 412-258-2120 (Pittsburgh)| |
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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. |
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