In July 2016, the Education Law Center, along with ACLU of Pennsylvania, Troutman Pepper Locke, and Seth Kreimer sued the School District of Lancaster to stop its practice of diverting older immigrant students with limited English proficiency to an inferior, privately operated alternative school instead of enrolling them in McCaskey, the district’s main high school.

The federal case, Issa v. School District of Lancaster, was brought as a class action lawsuit. Named Plaintiffs were six refugees ages 17 to 21 whose families had fled violence in their native countries.

Pennsylvania law gives every child ages 6 through 21 the right to a free public education. Both federal and state law require school districts to provide an effective program of English language instruction to students who are not fluent.

At a preliminary hearing, the refugee students named in the lawsuit testified that the district had initially denied them enrollment — then relented and agreed to admit them. But instead of being admitted to McCaskey, the district’s main high school, the students were assigned to a credit-recovery program at Phoenix Academy, which was known for its strict disciplinary program. Phoenix was operated by Camelot Education, a private company, under a contract with the district.

Throughout the preliminary hearing, the refugee students offered powerful testimony, explaining that they came to the U.S. eager to learn English and build a better life. They were devastated when the school district initially told them they were “too old”, and they should instead “get a job.” They testified that the classes at Phoenix moved too fast in English so they couldn’t understand anything.

The students had all gained refugee status in the United States after fleeing war or persecution in their home countries of Somalia, Sudan, Democratic Republic of Congo, and Myanmar. Each was excited to attend school in the United States and learn English.

The lawsuit alleged that the district had “a custom, practice, and policy of refusing to enroll [limited English proficiency] students, aged 17-21,” in McCaskey and that the district variously denied them enrollment altogether, discouraged or delayed their admission, or diverted them to Phoenix.

U.S. District Court Judge Edward Smith, of the Eastern District of Pennsylvania, ordered a preliminary injunction in August 2016, finding that the district violated the federal civil rights of the students by placing them in an inferior program. Judge Smith ordered the school district to stop its discriminatory practices. The school district appealed to the U.S. Court of Appeals for the Third Circuit, which also affirmed in January 2017 the students’ right to enroll in the district’s regular high school and access meaningful effective English language instruction. This case remains one of very few appellate level cases addressing the rights of students to receive English language instruction in school.

The Lancaster school board agreed to a settlement in March 2017 that restricted the district from placing newly arrived, older immigrant students who had little or no English language fluency at Phoenix. Instead, the agreement required placement in a newcomer program at McCaskey.

“There are still few cases that address students’ right to receive meaningful English language instruction, so the Issa case decisions—from both the district court and the Third Circuit —are really important reminders that older immigrant students are entitled to enroll in the district’s regular high school and must be provided an education that allows them to overcome language barriers,” said Education Law Center Senior Attorney Kristina Moon.

The district also agreed to offer appropriate language supports to help the students understand the curriculum and learn essential skills. In addition, the district agreed to provide $66,500 in funding to support supplemental services for immigrant students who had been dissuaded from enrolling at McCaskey since 2013. Under the agreement, plaintiffs’ attorneys monitored the district’s compliance for two years.

The U.S. Supreme Court’s decision today in Mahmoud v. Taylor is yet another devastating attack on our public schools and LGBTQ+ students. Importantly, the ruling centered on individual religious objections and does not prevent educators from continuing to create inclusive school environments for all children.  

ELC urges Pennsylvania educators to resist any move away from inclusive practices. Read our full statement here.

For More Information: Lindsay Wagner, 215-701-4264, [email protected]