Resources: Education Law Center

Education Law Center

Fair School Funding

Education Law Center

Equal Access

  • On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.

    The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.

    Read ELC’s full comments.

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  • Education Law Center Attorney David Lapp’s December 11, 2014 testimony to the School District of Philadelphia examines the legislative intent of Pennsylvania’s charter school law and how the District should view the latest round of charter school applications.

    “There is tremendous promise in the theory of independently-operated public schools that are accountable for equitably serving all kinds of students, achieve superior results, and ultimately increase quality educational options in the larger system of public education. Unfortunately, we do not have such a system in Philadelphia.

    Until we do, the district is fully within its legal right to restrict charter school growth. Indeed, in order to comply with the legislative intent of the charter school law and with our state constitutional mandate for a “thorough and efficient system of public education,” the district is legally compelled to restrict charter growth.”

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  • The Education Law Center’s Maura McInerney delivered testimony on Oct. 6, 2014 to the Pennsylvania House Children and Youth Committee highlighting research on the importance of school stability.

    “Research shows that one of the most significant barriers to school success is school mobility. It is estimated that school age children in foster care commonly experience nearly three living arrangement changes during their first foster care stay. These children frequently change schools – on average three times in two years, with over a third of young adults in foster care reporting having five or more school changes,” said McInerney. “Children who change schools lose critical academic progress with every school move, which can be devastating to a child’s education,” she said.

    Download the complete testimony.

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  • The study, conducted by the PolicyLab at The Children’s Hospital of Philadelphia (PolicyLab), was commissioned through a collaboration among the Mayor’s Office of Education, School District of Philadelphia (SDP), School Reform Commission, Philadelphia Department of Human Services (DHS) and Philadelphia Youth Network.

    The study examines the educational outcomes of students in the 3rd, 7th, 9th, and 12th grades attending public schools in Philadelphia during the 2011-12 school year, a cohort of over 68,000 students. Findings revealed that students with a history of child welfare or juvenile justice involvement had substantially lower PSSA scores and promotion rates; higher rates of special education eligibility and absenteeism; accumulated fewer credits and disproportionately attended district-run comprehensive neighborhood schools and alternative schools compared to their never-involved peers.

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  • ELC’s policy recommendations based on the Children’s Hospital of Philadelphia (CHOP) PolicyLab’s June 2014 report on Philadelphia school children involved with the child welfare or juvenile justice system.

    These are recommendations for effective systemic reform, including legislative change, as well as improved practices to support the educational success of these children and youth.

     

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  • This Pennsylvania Department of Education report offers 13 recommendations to build upon existing efforts and advance change within the state education system to meet the educational needs of Pennsylvania’s children experiencing homelessness.

    The findings and recommendations contained in this report were presented to the Governor, the President pro tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the chairman and minority chairman of the Education Committee of the Senate and the chairman and minority chairman of the Education Committee of the House of Representatives.

     

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  • A 2014 ELC Fact Sheet providing legal guidance and resource links for questions about opting out of PSSA and Keystone Exams.

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  • This collection of “tools” is intended to help parents and providers ensure school success for children and youth (ages 3-21) in Pennsylvania who are experiencing homelessness. The toolkit provides information about important laws and explains legal rights and how to use them.

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  • This guide provides clearly explained legal rules for special education and early intervention programs in Pennsylvania for children from ages three to 21. 

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  • Education Law Center Attorney David Lapp’s March 7, 2014 testimony at the Pennsylvania Auditor General’s hearing highlights significant demographic disparities when comparing brick-and-mortar charter schools as a whole in Philadelphia to the School District of Philadelphia schools.

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  • The Education Law Center’s  guide to the rights of English language learners in Pennsylvania’s public schools outlines basic rights for ELL students and their families. It also provides resource links for additional information.

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  • Youth who are experiencing homelessness have special rights under a federal law called the McKinney-Vento Act. This fact sheet provides information and resources for homeless youth regarding their education rights under that federal law.

     

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  • This step-by-step fact sheet can help older youth enroll themselves in school quickly. It also provides contact information and the necessary forms for school enrollment.

     

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  • The Senate Appropriations Committee passed SB 1085 by a 15-11 vote on November 19, 2013. Many major amendments were approved, but none addressed the underlying issues of improving charter school accountability and increasing access for all students that we raised in our initial analysis of SB 1085.

    There are several changes to the bill that raise new concerns for ELC.

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  • The Education Law Center testified on Nov. 15, 2013 asking the Pennsylvania Department of Education to utilize its clear legal authority and deny all six cyber charter applications currently under review.

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  • The graphs in this analysis were created by the Education Law Center using publicly reported data on public school enrollment demographics. We focused on Pennsylvania’s most heavily-chartered communities — Philadelphia, Pittsburgh, Chester-Upland, York City, and Erie City — and on students receiving special education services.

    The data demonstrates that, while a number of individual charter schools equitably serve all students, the charter school sector taken as a whole generally underserves these vulnerable student populations. The result is that, with some notable exceptions, these students are often more heavily concentrated in the authorizing school district of residence.

     

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  • A 2013 training developed by the Education Law Center and Juvenile Law Center in order to assist local education agencies in their appointment of surrogate parents.

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  • La guía es un recurso rápido y fácil a los programas integrales de aprendizaje para la primera infancia en Pennsylvania para padres de niños con retrasos de desarollo o discapacidades. Describe ocho programas diferentes de aprendizaje temprano, incluso Early Head Start y Head Start, Infant and Toddler y Preschool Early Intervention, y Pre-K Counts, y proporciona información para padres sobre desarrollo infantil y cómo indentificar programas de aprendizaje temprano con calidad.

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  • The Law Center believes that important reforms are needed for Pennsylvania’s system of charter schools. However, it is important to note that the legislative process for charter school reform has headed down the wrong path.

    (The following analysis highlights proposed changes to the law. These changes were not adopted in 2012 or 2013, but many of them are contained in current charter law proposals before the legislature.)

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  • According to the research findings, students who have access to a quality school library program have an academic advantage over students who did not have such access. This 2012 report, produced by the Education Law Center and the Pennsylvania Association of School Librarians, shows these academic differences are not explained away by the socio-economic, racial/ethnic, or disability status of the students. In fact, the research shows that all students with access to a full-time, certified librarians have higher PSSA Reading and Writing scores than students without that access.

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  • Charter schools are public schools and must follow laws that protect the rights of public school students. Ensuring that charter schools, as well as traditional public schools, provide quality education to all students is an important part of ELC’s mission.

    The following principles, published in 2012, are an outgrowth of ELC’s work with and on behalf of thousands of families throughout Pennsylvania.

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  • In 2009, Stoneleigh Foundation Junior Fellow Arley Styer joined with the Education Law Center to explore the educational experiences of children placed in Pennsylvania group homes and residential treatment facilities. These children, many of whom tend to suffer from behavior disorders, often encounter educational barriers such as lack of needed special education services or too few hours of schooling while in placement.

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  • A 2010 training for childcare professionals and school district personnel on how to improve education outcomes for students experiencing homelessness.

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  • In this March 2010 report, ELC proposes legal and policy changes that will ensure that alternative programs are adequately supported and monitored; that their services are consistently comparable to those offered to other Pennsylvania students; that students are placed in these programs only when their needs justify the assignment; that the programs operate in a manner that is consistent with applicable federal and state laws; and that, in a number of other respects, programs meet the high standards that the state has set for all of Pennsylvania’s public education programs – and justify the taxpayers’ investment of funds.

     

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  • This 2009 ELC handbook for attorneys and advocates who represent students examines the law on school discipline in Pennsylvania, which derives from the United States and Pennsylvania Constitutions; federal and state statutes, regulations, and case law; and policies of the Pennsylvania Department of Education, school districts, and individual schools.

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  • Youth who are adjudicated delinquent frequently encounter problems in obtaining appropriate education services in placement, as well as when they are released and reintegrated into their communities. This 2009 Toolkit from the Education Law Center provides the basic information and resources needed to help juvenile probation officers and other juvenile justice professionals overcome these problems.

    Download PDF

  • A cyber charter school is a public charter school that provides most of its instruction to its students through the Internet or by some other electronic means. Students who are enrolled in a cyber charter school do most of their schoolwork at home over the computer — they do not go to classes in a school building.

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  • In Pennsylvania, children between the ages of eight and seventeen must attend school. Educating a child at home is one way to comply with compulsory school attendance laws. This fact sheet provides information on homeschooling guidelines in Pennsylvania.

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Education Law Center

School to Prison Pipeline

  • Act 26 is a Pennsylvania law which requires the expulsion for at least one year of any student who possesses a weapon on school property, at a school function, or going to and from school.  Many students have faced expulsion as a result of this law. Review the complete fact sheet for more information.

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  • On Feb. 2, 2015, the Education Law Center submitted comments on the reauthorization of the Elementary and Secondary Education Act and the Every Child Ready for College or Career Act of 2015 Discussion Draft.

    The reauthorization of the ESEA offers an opportunity to update our nation’s primary federal education law to build upon the lessons learned since the last reauthorization. The Education Law Center urges Congress to reauthorize the ESEA in 2015 and address a number of priorities, including: Maintain a strong federal role in promoting equity and accountability; encourage states to fund schools equitably; protect Title I dollars for the poorest schools and districts; and act to end school pushout and the school-to-prison pipeline.

    Read ELC’s full comments.

    Download PDF

  • The study, conducted by the PolicyLab at The Children’s Hospital of Philadelphia (PolicyLab), was commissioned through a collaboration among the Mayor’s Office of Education, School District of Philadelphia (SDP), School Reform Commission, Philadelphia Department of Human Services (DHS) and Philadelphia Youth Network.

    The study examines the educational outcomes of students in the 3rd, 7th, 9th, and 12th grades attending public schools in Philadelphia during the 2011-12 school year, a cohort of over 68,000 students. Findings revealed that students with a history of child welfare or juvenile justice involvement had substantially lower PSSA scores and promotion rates; higher rates of special education eligibility and absenteeism; accumulated fewer credits and disproportionately attended district-run comprehensive neighborhood schools and alternative schools compared to their never-involved peers.

    Download PDF

  • ELC’s policy recommendations based on the Children’s Hospital of Philadelphia (CHOP) PolicyLab’s June 2014 report on Philadelphia school children involved with the child welfare or juvenile justice system.

    These are recommendations for effective systemic reform, including legislative change, as well as improved practices to support the educational success of these children and youth.

     

    Download PDF

  • The following information guide for parents and guardians provides important information if the School District of Philadelphia wants to transfer a child to an “alternative education program” (such as Camelot or Phase 4) because of a disciplinary incident.

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  • Una hoja informativa que proporciona información a los padres y tutores sobre las normas y procedimientos para la expulsión de los estudiantes de las escuelas del distrito escolar y las escuelas charter.

    Aunque que las escuelas públicas tienen amplia libertad para crear reglas, deben seguir sus propias reglas. Por lo tanto, una escuela sólo puede expulsar a un estudiante por una violación de una regla de la escuela, si la escuela la ha adoptado oficialmente y distribuido la regla. Las reglas escolares deben estar inscritos en el Código de Conducta del Estudiante y debe ser publicado y distribuido a todos los estudiantes y padres de familia.

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  • A fact sheet providing information for parents and guardians on the rules and procedures for student expulsions from school district and charter schools.

    While public schools have wide latitude to create rules, they must follow their own rules. Thus, a school can only expel a student for a violation of a school rule if the school has officially adopted and distributed the rule. School rules should be listed in a published Code of Student Conduct that should be given to all students and parents.

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  • In the nine years since Congress reauthorized the Elementary and Secondary Education Act (ESEA) as the No Child Left Behind Act (NCLB), startling growth has occurred in what is often described as the “School-to-Prison Pipeline” – the use of educational policies and practices that have the effect of pushing students, especially students of color and students with disabilities, out of schools and toward the juvenile and criminal justice systems.

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  • In this March 2010 report, ELC proposes legal and policy changes that will ensure that alternative programs are adequately supported and monitored; that their services are consistently comparable to those offered to other Pennsylvania students; that students are placed in these programs only when their needs justify the assignment; that the programs operate in a manner that is consistent with applicable federal and state laws; and that, in a number of other respects, programs meet the high standards that the state has set for all of Pennsylvania’s public education programs – and justify the taxpayers’ investment of funds.

     

    Download PDF

  • This 2009 ELC handbook for attorneys and advocates who represent students examines the law on school discipline in Pennsylvania, which derives from the United States and Pennsylvania Constitutions; federal and state statutes, regulations, and case law; and policies of the Pennsylvania Department of Education, school districts, and individual schools.

    Download PDF

  • Youth who are adjudicated delinquent frequently encounter problems in obtaining appropriate education services in placement, as well as when they are released and reintegrated into their communities. This 2009 Toolkit from the Education Law Center provides the basic information and resources needed to help juvenile probation officers and other juvenile justice professionals overcome these problems.

    Download PDF