After Historic Victory in School Funding Lawsuit, Time for a Remedy |
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On Feb. 7, in a momentous Commonwealth Court decision, President Judge Renée Cohn Jubelirer ruled that education is a fundamental right in Pennsylvania. Her 786-page decision says the state’s funding system discriminates against children in low-wealth districts, denying them access to the comprehensive, effective, and contemporary education mandated by our state constitution. This historic ruling in our long-running school funding lawsuit is an enormous victory for the school districts, families, and organizations that brought the case, and for the legal team of Education Law Center, Public Interest Law Center, and O’Melveny that argued the case in court.
And now it’s time to turn that decision into action.
On March 7, we expect to learn about the first important steps toward a remedy, as Gov. Josh Shapiro announces his first budget proposal to the General Assembly. Lt. Gov. Austin Davis said “there’s going to be a lot to say about creating an equitable education system.”
We know that Pennsylvania public schools in low-wealth communities are underfunded by billions of dollars, and these shortfalls have only grown over time. Pennsylvania students and schools need significant new resources this year AND a plan to bring the system up to constitutional standards without delay. Education advocates are calling for more than $2 billion in additional funding for public education in this year’s budget as a down payment. The state has the money, and we believe that amount is an appropriate first-year investment for the scale of the problem we face. We look forward to Gov. Shapiro’s speech on March 7 and to working with the governor and the legislature to ensure this year’s budget and beyond provide districts and students adequate and equitable resources they need to thrive.
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Illegal Expulsions at a Philadelphia Charter School |
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Source: Google Maps
ELC is appealing the dismissal of an expulsion appeal, A.T. v. Mathematics, Civics and Sciences Charter School of Philadelphia. A senior, A.T. was wrongly expelled from her charter school after an incident in which she allegedly verbally threatened another student. In clear violation of A.T.’s rights, the school did not conduct the required formal expulsion hearing or provide the other due process procedures required under federal and state law. Instead, school officials just told A.T.’s mother that she needed to transfer her to a new school.
When ELC learned about this situation, A.T. had been out of school for a month. When ELC informed the school about our plan to appeal the expulsion, the school provided a Zoom link for A.T. to join classes remotely but barred her from returning to in-person school, engaging in group learning, or participating in all senior activities, including graduation. Her virtual experience has been markedly different from her time at school. Since beginning Zoom participation, A.T. has not been able to interact with students, orally ask questions of her teachers, or receive worksheets. At times, her teachers have completely forgotten to allow her access to class.
Schools must provide due process prior to expelling students. They cannot unilaterally transfer students to virtual schooling.
ELC appealed the expulsion to Philadelphia’s Court of Common Pleas and filed an emergency motion to stay the expulsion and allow A.T. to return to school pending the decision on the appeal. After hearing argument on the motion, Judge Anne Marie Coyle denied the motion for the stay on the ground that A.T. was not experiencing irreparable harm while participating virtually. Without allowing the parties to brief the issues of the expulsion appeal, Judge Coyle then dismissed the entire appeal as moot. ELC is appealing this very concerning dismissal to Commonwealth Court.
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Know Your Rights: Race and Sex Based
Discrimination in Public Schools
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Are you interested in learning more about what the recent Pennsylvania Human Relations Commission’s anti-discrimination regulations mean for students? Join us at 7 p.m. on Thursday, March 2 for a webinar on schools’ obligations and how to file complaints under Title VI, Title IX, and the Pennsylvania Human Relations Act.
This webinar, hosted by ELC senior attorney Kristina Moon and staff attorney Paige Joki, will address the new regulations that cover race- and sex-based discrimination in schools. You can expect to learn more about how these regulations protect LGBTQ students and transgender students as well as the rights of students of color to wear hairstyles culturally associated with their race. Register for the event here.
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Inclusive Schools Advocacy in
South Side Area School District
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ELC has sent an open letter to the school board of South Side Area School District in Beaver County, which is considering a policy that permits teachers to refuse to use pronouns and names consistent with students’ gender identity. Such a policy would violate Title IX and the Pennsylvania Human Relations Act.
School districts have a duty to create a welcoming and inclusive school environment for all students. Public K-12 teachers do not have a First Amendment right to discriminate in their classrooms. LGBTQ young people who have access to at least one affirming space are 35% less likely to report thoughts of dying by suicide. The reality is that using correct pronouns and names could be the difference between life and death for transgender and nonbinary youth.
Our letter explains the law and urges the board to reinstitute a policy of requiring teachers to use the pronouns and name consistent with a transgender or nonbinary student’s identity. This work is a part of our ever-growing Inclusive Schools and Honest Education campaign, where we are monitoring and fighting back against policies that target LGBTQ+ students, erase Black and Brown people from the curriculum, and ultimately deny the most underserved students equal access to quality educational opportunities.
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Glen Mills Update: Court Clears Path
For CCIU Settlement To Move Forward
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A federal judge has approved the voluntary dismissal of the Chester County Intermediate Unit (CCIU) from our Glen Mills class action lawsuit, clearing the path for implementation of the $3 million settlement agreement on education-related claims executed by plaintiffs and CCIU on Jan. 19.
Under the settlement agreement, former Glen Mills students are eligible to apply to receive cash payments, compensatory education services, or a combination of these remedies. ELC is working with pro bono counsel at Troutman Pepper to identify former Glen Mills students who may be eligible.
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Outcry Over Opening of
Clock Tower Schools at Glen Mills
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Child advocates, youth, and news organizations have voiced strong opposition to the state’s provisional approval for opening of Clock Tower Schools, which will be operated by former administrators from Glen Mills Schools on the same site under a new name. From an editorial by the Philadelphia Inquirer to statements made by child advocates, many are urging that the state reconsider the opening of Clock Tower Schools. In a joint statement with Juvenile Law Center on Jan. 27, we called on Gov. Josh Shapiro to reconsider the state’s approval of a license permitting former Glen Mills staff to operate this placement under a new name.
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New Legislative Session, New Priorities |
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The start of a new legislative session and a new gubernatorial administration provides a great opportunity to advance new priorities in Harrisburg. In addition to our work on education funding, ELC has recommendations to ensure that the underserved students who are at the core of our mission receive the education they are entitled to. We have shared these priorities with the Shapiro Administration, including our three top priorities for 2023:
- Dismantling the school-to-prison pipeline by reforming juvenile justice policies and ending exclusionary school discipline, which unfairly and disproportionately harms Black and Brown students.
- Creating welcoming and inclusive schools for all students by opposing book bans and educational gag orders and advancing culturally relevant education in all schools.
- Securing significant increases in basic education, Level Up, and special education funding as a down payment on an adequate and equitable system of education, as well as a process for developing a comprehensive remedy for the state’s unconstitutional funding system.
ELC works with statewide coalitions in each of these areas and we expect major progress on each of the issues this year.
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ELC Joins PA Legislative Youth Safety Caucus |
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Several Pennsylvania legislators recently launched the bipartisan, bicameral Youth Safety Caucus, of which ELC is proud to be a member. The caucus has several legislative priorities for the 2023-2024 session, including a call for significant changes to the juvenile justice system so that young people can grow and thrive.
We are still waiting for long-overdue reforms in juvenile justice, including improved safety and educational access; we look forward to the June 2021 Juvenile Justice Task Force recommendations coming to fruition. We will continue to advocate for necessary educational oversight, monitoring, and quality schooling for young people who are in detention and other residential settings.
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We are excited to welcome six new interns to our team this semester!
Trang Do is a second-year student at Rutgers Law School in Camden, NJ. Before enrolling in law school, Trang was a broadcast journalist for 14 years—the last five in her hometown of Philadelphia. She is the proud mom of two sons, Luc, 3, and Julian (Juju), 2.
Kaitlin Barnes is a third-year student at The University of Maryland Carey School of Law. Before law school, she taught elementary school in Houston and Baltimore. She went to Rice University for undergrad and has a master's in education from Johns Hopkins.
Ellie Holzman is a third-year student at Temple University Beasley School of Law, where she is a Law & Public Policy Scholar. Ellie received her bachelor’s in social work at the University of Pittsburgh. Throughout college and law school, Ellie has focused on advocating for underserved communities, and she hopes to pursue a future in civil rights litigation.
Emily Harris is a second-year student at Temple University Beasley School of Law. Before law school, she taught middle school mathematics to English learners at a public school in Atlanta.
Linda Valentini is a third-year student at Temple University Beasley School of Law. She received her undergraduate degree in psychology from LaSalle University and her master’s and doctoral degrees in clinical psychology from Hahnemann Medical College. A certified school psychologist, Linda worked for 25 years as a Pennsylvania hearing officer for special education.
Brianna Kline-Costa-Chavez is a Temple University senior participating in the pre-law internship program. Brianna has experience as an ESL instructor, research assistant, and community leader and served as a mentor in the Mighty Writers program in Philadelphia.
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Join Our Team: We're Hiring! |
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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 description of internship opportunities at ELC.
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Unreformed by Josie Duffy Rice for iHeartPodcasts.
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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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