The sweeping Feb. 7 Commonwealth Court ruling declaring Pennsylvania’s school funding system unconstitutional is now final. Legislative leaders Bryan Cutler (House Minority Leader) and Kim Ward (Senate President Pro Tempore) did not appeal that 786-page ruling, and on July 21, the deadline for an appeal passed.

Now, nearly nine years after filing our legal challenge to Pennsylvania’s inadequate and discriminatory school funding system, state officials are legally obligated to comply with the court’s order. There is no longer any excuse for delay.

In its most recent ruling, the court explicitly “tasks Respondents with the challenge of delivering a system of public education that the Pennsylvania Constitution requires – one that provides for every student to receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education.”

The focus now will be on the state’s 15-member Basic Education Funding Commission, which is planning a series of meetings that can begin the work of developing and implementing a system that ensures adequate and equitable funding for students in the state’s low-wealth school districts, who have been denied their fundamental right to education.

News coverage of these developments has highlighted that the court ruling requires lawmakers to examine not just basic education funding, but funding for school facilities, special education, career and technical education, and early childhood education. And a new system must implement adequacy targets for funding for each district rather than simply redistribute the currently available dollars. It is time for action.

One month into the new fiscal year, Pennsylvania is operating without a budget. Tensions are high in Harrisburg. At every level, schools face a new challenge – preparing for disruption due to the lack of state funding. The problem is that Senate Republicans are holding out for the establishment of a school voucher program that would send $100 million in state aid to unaccountable private schools.

Gov. Shapiro had agreed to the controversial school voucher plan but wisely pulled back last month in the face of significant public pressure and the unanimous opposition of House Democrats. His promise to line-item veto the voucher line in the Senate budget cleared the way for House Democrats to vote to approve that budget plan on July 5. The Senate refused to sign the approved budget and send it to the governor, a formality, instead opting to recess until late September.

Without a signed budget, the commonwealth cannot pay bills or make payments to school districts, local governments and nonprofit service providers. Education Secretary Khalid Mumin has informed education stakeholders of specific payment delays, and other departments have issued similar letters.

The Senate’s voucher plan is part of a dangerous national trend to undermine public schools and redirect public dollars to private schools. ELC addressed many specific issues with vouchers in our letter to Pennsylvania senators.

Funding private schools with public dollars now, just as the state starts work on a remedy for its unconstitutional funding system, will only make compliance with the court ruling harder to achieve. Contrary to the claims of voucher proponents, the voucher plan will not move the Commonwealth a single dollar closer to its constitutional mandate – its responsibility to provide a thorough and efficient system of public education.

According to PEN America, Pennsylvania shamefully ranks third in the nation with the most banned books. School boards across the state continue to enact policies that pull books from the shelves and limit student access to diverse and enriching material.

State Rep. Paul Friel (D-Montgomery) sponsored new legislation – HB 1506, also known as the Freedom to Read Act. This bill, if enacted, will limit school district book censorship, while protecting parental oversight of their own children’s book choices and preserving students’ access to the books they choose.

Despite a poll showing that parents overwhelmingly oppose book banning, the number of book bans grew in 2022. At least 27 Pennsylvania school districts have restricted access to books in some form. Most book bans have targeted children’s books written by Black, Indigenous, and LGBTQ+ authors, books about race and racism, and books that reflect the experiences of people of color and LGBTQ+ people. In 2023, the emphasis has broadened as school boards target and label certain books as “sexually explicit” to justify their removal. 

Please reach out to your state lawmaker and urge their support for HB 1506.

ELC and Education Voters PA are working together to organize students around ongoing issues of book bans, racism, and anti-LGBTQ discrimination in schools.

We are looking to identify student leaders or student groups from across Pennsylvania who are interested in these issues and organizing to fight back. The goal is to bring these passionate young people into the PA-WInS (Pennsylvanians for Welcoming and Inclusive Schools) coalition so that they can offer a student perspective on what is taking place in districts across the state.

Are you in touch with students or a student-led organization, such as your school district’s Gender-Sexuality Alliance (GSA) or Black Student Union (BSU)? Please help us spread the word about this work: Contact Nasharie Stewart by Aug. 7

ELC recently published a groundbreaking new report, We Need Supportive Spaces That Celebrate Us: Black Girls Speak Out About Public Schools. Since then, we’ve hosted a series of webinars and other events to continue to amplify this work.

Now, we’re just a few weeks away from the start of a new school year and it is good to be reminded that the return to school does not have to mean a return to inequity. To keep the conversation going, we’ve launched an online campaign to uplift Black girls and women and their dreams for the how to make a difference in our schools.

Black women and girls are posting their photos on social media with the cover of the report, and using the hashtag #SupportiveSpacesforBlackGirls, offering their own calls to action, like this one:

Please join in by posting a selfie if you identify as a Black girl or woman (expansively defined) or have lived experience with Black girlhood. If you don’t share these identities, help us elevate our message by resharing and inviting those who do to participate. We're fully committed to working towards a reality where school communities are reflective of these dreams and truly #SupportiveSpaces4BlackGirls. 

We invite you to join us on September 27, 2023 from 5:30 - 8:30 pm, as we gather to celebrate the Education Law Center’s 48th anniversary at Vie in Philadelphia!

This year’s honorees include former ELC board member Solomon Hunter, Jr., partner at Troutman Pepper and ELC pro bono partner, and some of our student experts, Black girls who shared with us their experience and expertise in our newest report, “We Need Supportive Spaces That Celebrate Us: Black Girls Speak Out About Public Schools.”

Are you interested in event sponsorship opportunities? Please contact Ariella Gregson to learn more.

ELC is seeking a director of our Western Pennsylvania office in Pittsburgh, who will report to the executive director in Philadelphia.

ELC is also seeking a program associate in our Pittsburgh office.

See our website for a description of internship opportunities at ELC.

50 Years Older and Deeper in Debt: The Shaky Foundations of U.S. School Funding by Stan Karp for Rethinking Schools.

The Obstacles To More School Vouchers In Pennsylvania by Peter Greene for Forbes.

From College Advising to Teacher Preparation: Affirmative Action Ruling May Reshape K-12 by Eesha Pendharkar for Education Week.

A Refuge for LGBTQ+ Young People by Dorothee Benz, Ph.D., for Learning for Justice.