The Pennsylvania General Assembly has taken its first steps to respond to the Commonwealth Court decision finding that Pennsylvania’s school funding system is unconstitutional. The bipartisan Basic Education Funding Commission will hold a series of hearings beginning on June 7 to look at all aspects of the funding system and make recommendations to create “an adequate and equitable system that passes constitutional muster,” according to Commission Co-Chairman Mike Sturla (D-Lancaster). The 15-member commission will hear from experts and stakeholders and make recommendations to the Governor and General Assembly to address how the state funds public education.
While the commission looks at the long-term funding issues, ELC and our partners in the PA Schools Work (PASW) campaign are also urging the General Assembly to make a large down payment to begin to fix the system this year. Advocates recently came together in Harrisburg to support increased funding for the Level Up equity supplement, basic education, and special education funding. With continued strong revenue growth and a hefty surplus, the Commonwealth can afford to budget considerably more than the inflationary increase that Governor Shapiro proposed in his March budget. Ahead of the June 30 budget deadline, please contact your legislators to show your support for fully funded schools by going to the PASW action page here.
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Discriminatory Practices at
Franklin Towne Charter School
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Franklin Towne, formerly a favored example of school choice success, has long been a charter school of concern to ELC due to its harsh discipline practices, hyper-segregated student population, discriminatory special education practices, and punitive use of fines and fees for students experiencing poverty. While new allegations about it manipulating the admissions lottery is extremely concerning and contrary to the legal requirements for admission and enrollment for students at public charter schools, it is consistent with a problem that ELC knows to be true—Philadelphia’s charter schools are facing an equity crisis. ELC’s 2019 report Safeguarding Educational Equity: Protecting Philadelphia Students’ Civil Rights Through Charter Oversight documented the enrollment gaps generally found in Philadelphia’s charter schools.
These issues are even more acute at Franklin Towne, where certain student populations, particularly Black and Brown students experiencing poverty, English learners, and students with low incidence disabilities are disproportionately unrepresented. In the Philadelphia Inquirer’s story on Franklin Towne, ELC called for greater accountability and oversight for charter schools in Philadelphia, specifically focusing on certain problematic charter practices, including enrollment, exclusionary discipline, special education, and fines and fees. ELC will continue to work to ensure that students’ education civil rights are upheld at all public schools, including Franklin Towne and other charter schools.
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It has been two years since Pennsylvania’s Juvenile Justice Task Force (JJTF) recommended an overhaul to the Juvenile Justice system. The current system arrests youth at almost three times the national average and continues to send young people with first-time and minor offenses into out-of-home placements. Several bills implementing JJTF recommendations have been introduced in the Pennsylvania Senate but have yet to advance. The Pennsylvania House is prioritizing justice reform, and a comprehensive bill based on the JJTF recommendations will be introduced soon. ELC is working with the House Education Committee to develop a second bill that will reduce the number of youth who are referred from schools to law enforcement, support school-based diversion programs to keep young people in school, and ensure that all students in juvenile facilities are receiving regular, standards-based instruction that will keep them on track to graduate.
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School District of Philadelphia Ordered to Award Compensatory Education Services to Tens of Thousands of Students with Disabilities to Address COVID-Related Deprivations of FAPE |
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As a result of a complaint filed by ELC on behalf of all children with disabilities in the School District of Philadelphia, the Pennsylvania Department of Education’s (PDE) Bureau of Special Education has ordered the District to review and assess data for all students with Individualized Education Programs (IEPs) and Section 504 accommodations plans to determine necessary make-up services, or compensatory education, owed for deprivations of a free, appropriate public education (FAPE) stemming from COVID school closures. Both PDE and the U.S. Department of Education have made clear that when schools closed, school districts were required to provide compensatory education for denials of the educational rights of students with disabilities.
Following an investigation that spanned multiple months, PDE issued two Complaint Investigation Reports (IEP and 504), finding that the District did not provide these necessary make-up services or make required determinations for all students with disabilities. In the coming months, the District must convene IEP and Section 504 teams for more than 20,000 students with disabilities to determine the make-up services necessary to address educational deprivations stemming from the COVID closures. By September 29, the District must provide a summary of the IEP and 504 meetings, and the determinations made to remedy FAPE during the pandemic. If you believe that your child is eligible for these make-up services, contact your child’s school or ELC’s Helpline for more information.
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The Fight for Inclusive Schools
and Honest Education Continues
as Book Bans and Anti-Trans Attacks Grow
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ELC is working to combat these actions by submitting testimony to school boards, equipping teachers, parents, and students with rights-based information, and providing trainings. ELC’s senior attorney Kristina Moon recently presented to the Education Law Committee of the Pennsylvania Bar Association about the rights of transgender students, and staff attorney Ashli Giles Perkins presented to community members and parents in Bucks County about race and sex discrimination in schools. Learn more about ELC’s efforts here.
A recent Washington Post analysis has shown that a large percentage of the complaints and challenges to books in schools “come from a minuscule number of hyperactive adults.” Education Law Center opposes book bans, including the recently introduced PA Senate Bill 7, which would give a single person veto power over every child’s reading opportunities. Join our mailing list for more information about opposing this dangerous bill as it moves forward.
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ELC Comments on Title IX Proposed Rules
Regarding Sex Discrimination in School Sports
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In May 2023, ELC submitted comments in response to the U.S. Department of Education’s proposed rule on sex discrimination in school athletics under Title IX of the Education Amendments of 1972. We support the proposed rules’ prohibition on categorical bans that would prevent transgender, intersex, and nonbinary students from participating on teams aligned with their gender identity. We also support additional clarifications in the rule to ensure K-12 students are not prevented from participating based on sex stereotypes. This guidance is particularly important as transgender students in Pennsylvania are being targeted through proposed statewide legislation, and multiple school districts are considering or implementing policies that prevent students from participating in a school sports team, as well as other discriminatory policies. Playing sports is associated with higher grades and standardized test scores, teaches students about teamwork, and fosters connectedness to the school community. All students deserve equal access to these benefits.
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PDE Issues New Guidance
to Ensure School Stability & Access to Public Schools for Students in Foster Care
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On May 19, 2023, the Pennsylvania Department of Education (PDE) issued new guidance through a Penn*Link highlighting the obligations of all local education agencies (LEAs) to ensure that students in foster care in residential placements are able to stay in their prior school or have access to public schools while in a residential placement. The Penn*Link states in part: “A facility’s on-site school should never be presumed to be the default educational placement” (emphasis in original). It also reminds LEAs that a child in foster care “should be able to attend public school unless it is determined not to be in the child’s best interest through the individualized BID process.” You can access the Penn*Link here. PDE and the Pennsylvania Department of Human Services (DHS) also provide an online resource hub, pafostercare.org, which includes other important resources on this topic.
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ELC Testifies on
Pittsburgh Public Schools’ Code of Conduct
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ELC presented testimony to the Pittsburgh Public School Board on much-needed reforms to its Code of Conduct and discipline practices. We highlighted District data that demonstrated that Black students, particularly Black girls, are suspended and given summary citations at a rate higher than their non-Black peers. This disparity is unacceptable. Summary citations also lead to involvement in the adult justice system and may lead to burdensome fines that do not address the underlying systemic racism or reasons for student behavior. We also urged the District to ensure that each school’s handbook aligns with the District-wide Code of Conduct. The District’s Code of Conduct for the upcoming school year will likely be issued this summer.
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We Need Supportive Spaces:
Black Girls Speak Out About Public Schools
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We are thrilled about the successful launch of our recently released report: We Need Supportive Spaces: Black Girls Speak Out About Public Schools. We are deeply grateful for Amaiyah, Alex, Ameia, Thalia, and all of the student-experts who participated in the report, sharing their knowledge and experiences with Black girlhood at school. We have received great statewide coverage of the report and the eight recommendations since its launch on May 4, and there is more to come! Check out the articles from the Philadelphia Inquirer, Philadelphia Tribune, Chalkbeat, and the Pittsburgh Post-Gazette, as well as our podcast episode on City Cast Philly.
Many thanks to those of you who have been able to join us for the live launch and additional webinars. We look forward to continuing to advance the work of Black girls education justice. Join us in our efforts! We invite you to share the report, follow this work, and join the conversation across social media using the hashtag #SupportiveSpaces4BlackGirls.
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Rose Wehrman is a rising 3L at Columbia Law School. Before law school, Rose worked as a Research Assistant at the Nebraska State Department of Education and completed an AmeriCorps fellowship in Northeast Philadelphia classrooms and access centers.
Rebecca Harris is a rising 3L at Yale Law School. Before law school, she earned her Master of Science in Social Policy at the University of Pennsylvania School of Social Policy and Practice. She previously worked as a housing paralegal at the Legal Aid Society of DC.
Joe Stuever is a rising 3L at the University of Pennsylvania Carey Law School, where he’s also completing a degree in Education Policy at the Graduate School of Education. Joe spent eight years before law school teaching middle school and high school band in the Kansas City area.
Anu Joy is a 2L at Harvard Law School. She started law school right after completing her undergraduate degree at the University of North Carolina at Chapel Hill, where she engaged in education policy work and research. Anu is excited to be at ELC this summer and explore Philly!
China McEachron is a rising 3L at the University of Pittsburgh School of Law. She also holds a Bachelor of Arts in Strategic Communication from Temple University. Before law school, China worked as the office manager and truancy coordinator for a Philadelphia charter school.
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Join us September 27, 2023, as we celebrate
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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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