Closing Arguments in Funding Trial
Scheduled for March 10
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Culminating a four-month trial in our case challenging Pennsylvania’s school funding system as unconstitutional, closing arguments in William Penn School District et al. v. Pennsylvania Department of Education et al. will take place in Commonwealth Court on March 10. You can watch this dramatic conclusion of the trial on the court’s livestream.
We called our final witness last week and are pleased with the strong, compelling evidence we presented over many weeks of trial. The judge heard persuasive testimony from superintendents, teachers, education and economic experts, and a student – explaining in detail the deficiencies of the current system and the extreme, egregious disparities between districts. A summary outline of the witnesses and evidence in the trial is available on our Fund Our Schools PA website.
Following closing arguments, we will prepare “findings of fact” and “conclusions of law” for the court, which are due in April, and we will submit legal briefs, which are due in May and July. Outside parties may submit amicus briefs, which are due by May 6. The court will hear oral argument about legal issues after all the parties’ filings are complete. Then we will await the judge’s final decision. Thank you for your interest, encouragement, and support as we work to bring this case to a successful conclusion. This case has the potential to change the trajectory for generations of students in Pennsylvania!
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Outside the Courtroom,
Much Interest and Support
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The trial continues to draw substantial coverage from national, statewide, regional, and local media organizations. Interest in the case has been high in news outlets all across the state. More than 250 different news or opinion stories have appeared since last November when trial started. At least 50 of those stories appeared in multiple news outlets.
We encourage our supporters to consider sending letters to the editor of your local newspaper to help bring attention to this landmark trial and its importance. Contact ELC communications specialist Paul Socolar if you are interested in submitting a letter.
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We also appreciate the tremendous work of advocates, including parent and student groups, that have been educating and engaging the public on the issues in the trial. On March 15, these groups are supporting vigils for fair funding in communities around the state to mark the conclusion of the trial. In Philadelphia, a vigil is scheduled for 3 pm by the Octavius Catto statue at City Hall. Similar vigils will take place in Allentown, Lancaster, Reading, and Shippensburg. Check here for the most current list.
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Advocates Back Gov. Wolf’s
Education Budget Proposal
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It will take multiple years of substantial, sustained funding increases to rectify Pennsylvania’s school funding system, but the February budget proposal from Gov. Wolf would be a significant down payment toward addressing the needs of the state’s most underfunded districts.
The governor proposed an overall $1.75 billion increase in funding for Pennsylvania’s K-12 public schools. This includes $1.25 billion more for basic education funding, a $300 million “Level Up” allocation to the state’s 100 most underfunded districts, and a $200 million increase in special education funding – plus a $70 million increase in pre-K funding. We support the proposal, but much more is needed to fix our current inequitable system!
We worked hard last year to prioritize the needs of the state’s most underfunded districts via the creation of a Level Up supplement, so we were glad to see this included in the budget plan. A significant majority of Pennsylvania’s Black students, Latinx students, and students in poverty are educated in the state’s 100 most underfunded districts.
With our partners in the PA Schools Work campaign, we will be working through the spring to build support for this significant budget proposal from the governor. This being an election year, it is a good time to contact your legislators and tell them you will be looking for their support of the governor’s education budget plan.
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The Harm Caused by Use of Threat Assessments |
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In a new report issued in February, Education Law Center joined the National Disabilities Rights Network and other education civil rights groups nationally to oppose the use of K-12 threat assessments as a response to school safety concerns.
In practice, threat assessments are used when a concern about a student's behavior arises. In response, school officials in charge of discipline – who often do not have familiarity with the student – meet with one or two school staff and law enforcement personnel to evaluate the situation and recommend a disciplinary response. Caregivers and other staff who have deep relationships with the student and their current life circumstances are typically left out of the discussion. Law enforcement personnel often lead the meeting and determine the outcome. This process is ripe for – and is often driven by – racial bias.
The use of threat assessments encourages school officials and police to view children as threats to the school community. This practice disproportionately and most severely harms students of color and students who have or are perceived to have disabilities, creating an end-run around important civil rights protections for students.
ELC calls on decision-makers at the local, state, and federal level to pass legislation that holistically addresses school climate and keeps all children safe from harm – by ensuring access to counseling and mental health professionals, addressing discriminatory use of school discipline and exclusionary measures, and implementing evidence-based behavioral interventions to support students and protect their civil rights in school.
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Winning a Welcoming Environment
for a Gender-Nonconforming Student
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ELC attorneys and our co-counsel Public Justice worked with a caregiver to reach a favorable settlement in a case filed with the Pennsylvania Human Relations Commission on behalf of a first grader who is gender-fluid and needs special education services. The child was subjected to repeated verbal harassment and physical assault by their peers based on their choice to wear a dress to school in an expression of their gender identity and expression. The child ultimately had to be homeschooled due to unrelenting abuse.
As a result of the caregiver's and our collective advocacy, the district entered into a settlement agreement and agreed to pay tuition for the student to attend a new and welcoming school. The district also agreed to evaluate and revise its practices to become a more inclusive learning environment by training staff on how to appropriately respond to and prevent harassment. The child’s caregiver is now calling for new federal regulations to protect all gender non-conforming students. Read her story in her own words.
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Black History Month Talk:
Lawyering for Racial Justice
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ELC staff attorney Paige Joki (2nd from right) spoke at a Black History Month panel sponsored by Temple University’s Black Law Students Association on “The Progress and Future of Black Legal Professionals.” She and the other attorneys on the panel spoke about how to support Black communities in their work and how their work advances issues of racial justice. Speakers included Temple University Law School Associate Dean Donald Harris, professor Bonny Tavares, Nikki Johnson-Huston, the Hon. Sharon Williams Losier, and Osarugue Grace Osa-Edoh.
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Reaching Out to Parents
About Fair School Funding
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ELC’s executive director Deborah Gordon Klehr spoke with parents about Pennsylvania’s inadequate and inequitable funding system and the importance of our fair funding trial in a Feb. 23 “Educational Updates for Philadelphia Families” roundtable. The event was hosted by the Urban League of Philadelphia; the Pennsylvania Legislative Black Caucus; Alpha Kappa Alpha Sorority, Incorporated, Omega Omega Chapter; 100 Black Men of Philadelphia; PA Youth Vote; NAACP PA State Conference; and Coalition of Labor Union Women.
Co-presenters included Rep. Regina Young, education chair of the PA Legislative Black Caucus and Joyce Wilkerson, school board chair of the School District of Philadelphia.
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Join Our Team: We're Hiring! |
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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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