One year ago today, Commonwealth Court ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed. Now, there is a potentially transformational plan on the table, developed by the Basic Education Funding Commission and affirmed by Governor Josh Shapiro in his Feb. 6 budget address.
Read moreJoint Statement from Law Centers On Historic Budget Proposal From Gov. Shapiro
Education Law Center and Public Interest Law Center issued this joint statement in response to Gov. Josh Shapiro’s annual budget address on Feb. 6, 2024.
We commend Gov. Shapiro for today’s historic commitment to address the needs of all Pennsylvania’s school children. Last year Gov. Shapiro promised to develop a plan to bring Pennsylvania’s school funding system into constitutional compliance. Building on the work of the Basic Education Funding Commission, he has kept that promise, and we applaud him for it. Today’s proposal includes every first-year recommendation proposed by the commission.
Read moreBasic Education Funding Commission Releases a Proposal that Could Make a Life-Changing Difference for Pennsylvania Students
Today, the Basic Education Funding Commission took the first step towards developing a public school funding system based on what students need statewide—not on local wealth. We applaud the commissioners for taking their constitutional duty seriously, and putting forward and adopting a plan that, if fully implemented, would make a life-changing difference for our students.
Read moreOpinion: We have the opportunity to reform education in Pennsylvania; our leaders shouldn’t squander it
The petitioners that brought this challenge will uphold the rights of their communities and of Pennsylvania’s children to the education they deserve. Rather than staring down enforcement litigation, the governor and General Assembly can get this right.
Read moreSuperintendents and Attorneys in the School Funding Lawsuit Testified to the Basic Education Funding Commission
Their testimony described Commonwealth Court’s decision, tasks before the commission, and the effects of the current unconstitutional funding system on students.
Read moreThe Basic Education Funding Commission: How you can help make fair school funding a reality
The work to build a new school funding system in response to the Court’s ruling has begun, with hearings held by the Basic Education Funding Commission—a bipartisan panel of legislators and Pennsylvania education officials.
Read moreLegislative leaders will not appeal to the PA Supreme Court in the school funding lawsuit
Legislative leaders will not appeal to the PA Supreme Court in the school funding lawsuit. The deadline was Friday, July 21, at midnight.
Read moreOur statement on the 2023-24 Pennsylvania Budget
The increases in this year’s budget, while appreciated, do not fundamentally change the unconstitutional and unacceptable status quo.
Read moreCommonwealth Court denies legislative leaders’ motion for post-trial relief in school funding case; clock for possible appeal starts now
Today, Commonwealth Court President Judge Renée Cohn Jubelirer again ruled in favor of petitioners in Pennsylvania’s school funding lawsuit, denying a motion for post-trial relief filed in February by Senate President Pro Tempore Kim Ward and House Minority Leader Bryan Cutler.
Read moreOur statement on Gov. Shapiro's PA state budget address
Today, Gov. Shapiro issued a call to action for “a once-in-a-lifetime opportunity for us to do right by our kids, to fund our schools.” We are grateful for the governor’s leadership, and we look forward to working with the governor to find a comprehensive solution that "ensures every child has access to thorough and efficient education." As he recognized, the current budget proposal does not do that.
This work must begin without delay. This year’s proposed education budget does not do enough to meet the standard set by our state constitution and the urgency of this moment.
Read morePennsylvania's School Funding System Declared Unconstitutional in Historic Victory for Students
February 7, 2023 - Today, Commonwealth Court Judge Renée Cohn Jubelirer ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed.
In a 786-page decision, the court found that “All witnesses agree that every child can learn. It is now the obligation of the Legislature, Executive Branch, and educators, to make the constitutional promise a reality in this Commonwealth.”
The court order calls for the “respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.”
The court rebuffed respondents’ argument that the current system is adequate, saying “In the 21st century, students need more than a desk, chair, pen, paper, and textbooks.”
The Education Law Center and Public Interest Law Center issued the following joint statement earlier today:
“Today’s decision declaring Pennsylvania’s school funding system unconstitutional is a historic victory for Pennsylvania’s public school children. It will change the future for millions of families, so that children are no longer denied the education they deserve. The court recognized that our schools require adequate funding to meet our constitution's mandate.
It’s time for our state legislature to fund public schools in every corner of Pennsylvania so all students, whether or not they live in a wealthy community, can receive the quality public education guaranteed in our state constitution.”
“The court’s decision recognizes what we showed during trial: Every year, hundreds of thousands of children in public schools in lower-wealth communities across Pennsylvania are being denied the basic resources needed for a quality education because the state is not adequately or equitably funding our schools,” said ELC legal director Maura McInerney. “The court’s order directs the state to change the way it funds our public schools from the current two-tiered system divided by local wealth to one that provides sufficient resources for all children.”
“This is a huge victory. Educators know that every child can learn, and they know the kinds of support that their students need to reach their potential,” said Dan Urevick-Ackelsberg, senior attorney at the Public Interest Law Center. “Our clients and others in low-wealth districts in Pennsylvania also know that for too long, they have had to triage their students’ needs, leaving some students behind because of the state’s failure to provide adequate funding for public education. Today’s decision makes it clear that this inequitable status quo cannot continue, and that every child in Pennsylvania has a fundamental right to receive a comprehensive, effective, and contemporary public education.”
“Education is the great equalizer --- the key that opens the door to life-changing opportunities and world-changing ideas,” said Katrina Robson, partner at O’Melveny & Myers LLP. “No child should be left with their hand up, begging for but denied that opportunity. We are gratified by the judge’s ruling, which will help ensure that all children in Pennsylvania have equitable access to quality education. And we are proud of the legal team that worked tirelessly—for years—to help achieve this critically important result.”
Here is the language of the court order:
The Education Clause, article III, section 14 of the Pennsylvania Constitution, requires that every student 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;
Respondents have not fulfilled their obligations to all children under the Education Clause in violation of the rights of Petitioners;
Education is a fundamental right guaranteed by the Pennsylvania Constitution to all school-age children residing in the Commonwealth;
Article III, section 32 of the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts;
Students who reside in school districts with low property values and incomes are deprived of the same opportunities and resources as students who reside in school districts with high property values and incomes;
The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective; and
As a result of these disparities, Petitioners and students attending low-wealth districts are being deprived of equal protection of law.
The case William Penn School District et al. v. Pennsylvania Department of Education et al. was filed in 2014 by six Pennsylvania school districts (William Penn, Greater Johnstown, Lancaster, Panther Valley, Shenandoah Valley, and Wilkes-Barre Area), the Pennsylvania Association of Rural and Small Schools, the NAACP-PA State Conference, and a group of public school parents. They filed suit in Pennsylvania Commonwealth Court against state legislative leaders, state education officials, and the governor for failing to uphold the General Assembly’s constitutional obligation to provide a “thorough and efficient” system of public education. Petitioners also assert that the massive inequality this system fuels between poor and wealthy school districts discriminates against students in low-wealth communities, violating their right to equal protection in the state Constitution.
The school districts and other petitioners in the case are represented by the Education Law Center - PA, the Public Interest Law Center, and O’Melveny. During a four-month trial before Judge Cohn Jubelirer that concluded in March, witnesses explained in detail the deficiencies of the current system and the extreme, egregious disparities between school districts in Pennsylvania.
In Court, a Clash of Views on What Education System PA’s Constitution Requires
At post-trial oral argument, the final scheduled court proceeding before a decision in the case, we highlighted the promise of a high-quality school system for all students spelled out in the state Constitution
Read moreOur Final Brief in Pa. School Funding Case Highlights Two Different Visions for Public Education
Oral Argument on Legal Issues to Take Place July 26 in Harrisburg
Read moreOur Statement on the 2022-23 Pennsylvania State Budget
This budget agreement is an important step to start closing funding gaps, but it does not ensure that students in every community can receive the high quality education they’re entitled to under the State Constitution.
Read moreWe make key legal arguments in our post-trial brief
Petitioners argue that the state legislature fails to meet the PA State Constitution’s guarantee of a high-quality education for every child and discriminates against students in poor districts.
Read moreAttorney General Shapiro Argues That Pennsylvania’s School Funding System Violates State Constitution in Lawsuit Court Filing
In an amicus brief filed Monday, May 16, Attorney General Josh Shapiro, the state’s top law enforcement officer, argues that the Pennsylvania State Constitution guarantees all students the right to receive a high quality public education, and that Pennsylvania’s current school funding system fails to meet that standard. Five other amicus briefs were filed in support of petitioners.
Read moreWhat we proved in court: We make the case for fair and full public school funding in a sweeping post-trial filing
In a post-trial submission filed May 2, 2022, school districts, parents and statewide organizations who brought the case challenging Pennsylvania’s school funding system detailed the evidence they provided during the four-month trial, and what conclusions they believe Commonwealth Court should reach in the historic case.
Read moreCourt Sets July 26 Date for Oral Argument on Legal Issues in School Funding Case
The parties in Pennsylvania’s historic school funding lawsuit will meet in Commonwealth Court once more in July, according to a new scheduling order from the court. The four-month trial in the case William Penn School District et al. v. PA Department of Education et al. concluded on March 10, and parties are currently preparing required post-trial filings. The court order announced that oral argument on legal issues in the case will be held on July 26, 2022, in Harrisburg.
Read more'A school funding hunger games:' Greater Johnstown Supt. Arcurio Speaks Following Closing Arguments
“But I am here today because our leaders in Harrisburg have created a school funding hunger games that makes it impossible for low-wealth districts to provide that support for their children.”
Read more'It's time to keep that promise:' Closing Arguments, March 10
Presenting closing arguments for the school districts, parents, and organizations who filed this lawsuit, attorney Katrina Robson emphasized the principal point:
“Let me say it again, because it’s the whole case. Low-wealth districts do not have the resources that they need to prepare all children for college, career and civic success.”
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