This publication aims to give you concrete tips and resources so that you can play a vital role in supporting young people in Pennsylvania during the COVID 19 crisis so they can stay healthy and maintain their educational success.
As students head back to school, Education Law Center (ELC) has compiled and updated a number of “Back-to-School” resources and reminders about laws and policies that families and schools should be aware of this year.
If you have questions about a particular issue at your school, please call ELC’s helpline at 215-238-6970 (Eastern/Central PA) or 412-258-2120 (Western PA).
Please join us at 5:30 PM on September 25, 2019, at the Crystal Tea Room in Philadelphia as we celebrate our work ensuring access to quality public education for all children in Pennsylvania.
We hope you will join us and our event co-chairs, Joan Mazzotti and Michael Kelly, to honor our 2019 Champions of Education, including:
- Jamilia Blake, Ph.D. and Rebecca Epstein, Esq., authors of Girlhood Interrupted: the Erasure of Black Girls’ Childhood, a leading report on the adultification bias facing Black girls.
- Bentley Systems, Incorporated, a global software development company focused on sustaining the world’s infrastructure, with a demonstrated and passionate commitment to STEM education programs for elementary school students in Pennsylvania.
- Opera Philadelphia, one of the most innovative opera companies in the nation that also addresses the gap in arts education and access in the Greater Philadelphia region through an intensive, in-school, literacy-based music education program and robust after-school programs.
- Pro Bono Honorees Jennifer Fox Rabold, Esq. and Susie Kernen of FedEx Ground, for their work administering a trust on behalf of children living in a group home who had been denied access to an appropriate education.
If you would like to speak with an ELC staff member regarding buying tickets or sponsoring ELC’s event, please contact Allegra Abramson at (215) 278-9765 or [email protected] Otherwise, please visit our ticket site below:
The U.S. Department of Justice has reached a comprehensive agreement with the Pennsylvania Department of Education (PDE), settling a federal civil rights investigation triggered by the Education Law Center’s 2013 complaint challenging discriminatory practices in the state’s disciplinary “alternative education” programs. Read ELC’s full news release here.
The programs covered by the agreement are known as Alternative Education for Disruptive Youth (AEDY) programs. ELC’s civil rights complaint reported that at the time more than 14,000 students in Pennsylvania were segregated in the state’s 700+ approved AEDY programs.
“If the state implements and builds on what is now on paper, this new agreement has the potential to significantly transform alternative education in Pennsylvania in a positive direction,” said ELC executive director Deborah Gordon Klehr. “The Education Law Center will be working with parents, students, and other stakeholders to ensure that the detailed remedies are implemented promptly and with fidelity by the Pennsylvania Department of Education, to both protect the students already in these programs and students who could be improperly placed in them.”
Education Law Center’s complaint highlighted the high percentages of students with disabilities and African American students in AEDY programs across the state. In 82 Pennsylvania school districts, more than half the students sent to AEDY programs were students with disabilities, compared to a 16 percent special education population statewide. African American students comprised 35 percent of the students placed into alternative education programs, yet only 15 percent of Pennsylvania students.
See ELC’s fact sheet about exiting alternative education programs, with tips for parents of students with disabilities.
In response to a motion filed by ELC, the Third Circuit has re-issued its opinion in G.S. vs. Rose Tree Media School District as precedential, which means that the Court’s opinion can be used to support arguments in similar cases in other courts. ELC filed the motion following a positive ruling which marked a major victory for students living “doubled-up” who are often under-identified as homeless by schools. The Court’s ruling held in part that the McKinney-Vento Act “does not impose a limit on the duration of homelessness” and schools cannot unilaterally declare a child ineligible when the child’s circumstances remain unchanged.
The National Law Center on Homelessness and Poverty, Homeless Children’s Education Fund, and People’s Emergency Center joined ELC in filing the motion. The Third Circuit is the first federal appellate court to address the educational provisions of the McKinney-Vento Act. Thank you to our pro-bono partners at Morgan, Lewis, and Bockius LLP for their assistance on the initial amicus brief filed in this case.
The Education Law Center (ELC) filed comments strongly opposing the Department of Education’s (DOE) proposed rules regarding Title IX investigations. The proposed rules would protect schools from liability at the expense of the students who are most likely to experience sexual harassment: 78% of LGBTQ K–12 students in Pennsylvania are harassed on the basis of their sexual orientation, 58% on the basis of their gender expression, and 52% on the basis of their gender; 60% of Black girls are sexually harassed before the age of 18; 56% of students ages 14-18 who are pregnant or parenting are kissed or touched without their consent; and students with disabilities are 2.9 times more likely than their peers to be sexually assaulted.
“Unfortunately, the Education Law Center often has to push schools to take any action in the face of a student’s harassment allegations,” said Lizzy Wingfield, ELC’s Stoneleigh Foundation Emerging Leader Fellow. “These proposed rules would actually lower schools’ obligations under Title IX and make it harder for advocates to ensure student safety is taken seriously. ELC urges the Department of Education to withdraw the proposed rules and instead focus its energies on enforcing the existing Title IX requirements to ensure schools promptly and effectively respond to sexual harassment.”
You can read our comments here.
FOR IMMEDIATE RELEASE November 30, 2018 Contact: Paul Socolar, Education Law Center, 215-906-1250, [email protected]
PDE Orders Philadelphia School District to Create New System to Protect Students with Disabilities Experiencing Homelessness
Philadelphia – ELC has secured an important victory for unaccompanied students with disabilities experiencing homelessness in Philadelphia and statewide. As a result of a complaint filed by ELC with the Pennsylvania Department of Education (PDE), these vulnerable students living on their own will have surrogate parents promptly appointed to enforce their rights in the special education system. Absent the prompt appointment of a surrogate parent, unaccompanied students under age 21 are unable to enforce their legal rights, leaving them without a mechanism to get the services they need in school. Federal law requires school districts to appoint surrogate parents within 30 days to represent unaccompanied students throughout the special education process. It also permits school districts to authorize shelter staff to serve as temporary surrogate parents until a permanent surrogate parent can be appointed. Through our partnerships with shelter providers, ELC learned of two unaccompanied students with disabilities in the School District of Philadelphia who were not assigned surrogate parents. Both suffered severe educational consequences: one student was pushed through to graduation and forced to forfeit future educational rights; the other student languished in a life-skills classroom that could not meet her needs. In response to ELC’s complaint, a state investigation revealed that both students’ rights were violated and that the District did not have an adequate system to track and assign surrogate parents. Alarmingly, it also found that the District had only assigned two surrogate parents across the District during the previous school year for all children in foster care or experiencing homelessness. In a November 8 Complaint Investigation Report, PDE’s Bureau of Special Education ordered the district to design a new system to ensure surrogate parents are appointed promptly. It also ordered PDE to issue specific guidance to all school districts about their legal obligations to assign surrogate parents. For both named students, the Bureau ordered the immediate assignment of surrogate parents and awarded compensatory education services. “The state’s action in this matter represents vital progress for unaccompanied youth with disabilities, who will now have a system that identifies and serves them,” said Paige Joki, Independence Foundation Public Interest Law Fellow at the Education Law Center. “As our clients’ cases illustrate, youth who on their own risk being pushed to graduate or being deprived of services they desperately need to succeed in life.” During the 2016-17 school year, over 4,000 students statewide were unaccompanied.
# The Education Law Center-PA (ELC) is a nonprofit, legal advocacy organization with offices in Philadelphia and Pittsburgh, dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English learners, LGBTQ students, and children experiencing homelessness. For more information, visit elc-pa.org or follow on Twitter @edlawcenterpa.
This webinar was hosted by the Education Law Center-PA and CASA Philadelphia as a training for court-appointed Educational Decision Makers (EDMs) who represent children in foster care to ensure their access to a quality public education. The presentation features an overview of an “EDM Toolkit” prepared by these agencies and includes education issues relating to enrollment, access to special education services, and school discipline. The Toolkit helps Pennsylvania CASA programs train CASAs to serve as EDM volunteers and serves as an ongoing resource for EDMs to address questions and challenges that encounter in meeting the needs of children in foster care. The Toolkit includes checklists, suggestions, and resources to help EDMs ensure that students who are in foster care have school stability, access to needed services, and achieve academic success.
ELC joined more than a dozen other civil rights organizations in releasing a new report highlighting the ways the Trump Administration is aggressively and intentionally limiting the civil rights protections of children and youth of color in schools. The Report was prepared by the Civil Rights Roundtable, a national coalition of organizations and academic professionals who are experts in the fields of school discipline, civil rights, and disability law. The Report analyzes recent changes in policies, regulations, and enforcement agency action which significantly impact children and youth of color, including reductions in Office of Civil Rights investigations of systemic claims, the proposed rescission of the Title VI discipline guidance, and delay and potential rescission of racial disproportionality regulations under the Individuals with Disabilities Education Act. These changes threaten to have a devastating impact on a generation of children and youth of color who are already disproportionately excluded from the classroom. The Report demonstrates that the policy, regulatory, and guidance revisions undertaken by the Trump Administration surpass the ordinary actions of a new administration and should be recognized as an intentional and substantial threat to decades of civil rights protections. The Report highlights a series of important recommendations to change this trajectory. Read the report here.
At the October 2018 action meeting of the Philadelphia School Board, ELC offered testimony supporting a proposal that would increase transitional training and support services for students with disabilities. Federal and state law require transition planning for every child beginning at age 14, including requiring school districts to provide every child with a disability with comprehensive services that will help them transition from school to post-school-life. ELC highlighted the need for additional transitional training and support services for Philadelphia schoolchildren with disabilities and highlighted the role of inadequate state funding and charters in impacting the district’s ability to provide these needed services.
View ELC’s full testimony here: October 2018 School Board Testimony.
The Annual Celebration will take place this year on September 26, 2018 at The Crystal Tea Room in Philadelphia. The event begins at 5:30 PM. We anticipate more than 300 legal, corporate, and community supporters joining us for a cocktail reception, silent auction, and dinner presentation. More details here!
The PA Safe Schools Act, amended in 2010, requires all Pennsylvania school districts to draw up a memorandum of understanding (MOU) with local law enforcement agencies to govern their working relationship. The state then created a model MOU addressing school-police cooperation, which must be reviewed every two years and guides the drafting of local MOUs. In September 2018, ELC submitted comments on the model MOU to the Pennsylvania State Board of Education School and University Safety Committee, including recommended changes to avoid the overcriminalization of student behavior and the racial disproportionality in school discipline and police-involved incidents.
FOR IMMEDIATE RELEASE
August 21, 2018
Contact: Paul Socolar, Education Law Center, 215-906-1250,
Jonathan McJunkin, Public Interest Law Center, 267-546-1305,
In victory for students, Court rules that Pa. school funding lawsuit is not moot
Commonwealth Court dismisses Senator Scarnati’s motion that the case was rendered moot by the adoption of a fair funding formula in 2016
Pennsylvania’s Commonwealth Court that a lawsuit challenging the state’s school funding system can move forward, denying a claim by state legislative leaders that the lawsuit was rendered moot by the state’s adoption of a funding formula in 2016.
The lawsuit was filed in 2014 by the Education Law Center and Public Interest Law Center on behalf of parents, school districts, and statewide organizations alleging that the state’s school funding system violates Pennsylvania’s constitution, due to significant underfunding and gross disparities in allocations that penalize students in low-wealth districts.
The ruling is a significant victory for petitioners in the lawsuit William Penn School District et al. v. PA Department of Education et al., eliminating a major obstacle to a trial in the case.
Judge Robert Simpson wrote the court order, rejecting claims by Senate President Scarnati and House Speaker Turzai that a change in the school funding formula made the issues in the case moot.
“We are pleased that the court has denied respondents’ baseless attempt to dismiss our lawsuit,” said Education Law Center Legal Director Maura McInerney. “As the court recognized, our challenge to the inadequacy and inequity of Pennsylvania’s broken school funding system will persist. We look forward to presenting our case at trial.”
The petitioners’ responding to the mootness challenge demonstrated that the spending gap between wealthy and poor school districts has actually widened since the lawsuit was filed, and that state funds available for classroom spending have declined. Pennsylvania’s school funding formula applies to only a tiny fraction of the state’s K-12 education funding.
“Pennsylvania’s school funding system still deprives students of the resources they need,” said Public Interest Law Center Staff Attorney Dan Urevick-Ackelsberg. “We are talking about the basics: not enough teachers, out-of-date books, and buildings that crumble around the children inside of them. That was the reality when we filed the case, and it continues today.”
Respondents in the case – legislative leaders, the governor, the secretary of education, the department of education, and the state board of education – will finally be required to answer the allegations in the lawsuit. Gov. Wolf opposed the mootness challenge and urged the court to move the case to trial swiftly. Petitioners have requested a scheduling conference and hope to proceed to trial quickly. The date for a trial is not yet known.
The petitioners in the case are six families, six school districts – William Penn, Panther Valley, Lancaster, Greater Johnstown, Wilkes-Barre Area and Shenandoah Valley – the Pennsylvania Association of Rural and Small Schools, and the NAACP of Pennsylvania. In the fall of 2017, in a landmark ruling, the Pennsylvania Supreme Court determined that there are judicially manageable standards for courts to review school funding issues. The state’s highest court remanded the case to Commonwealth Court for a full trial. Since that ruling, two respondents – Senator Scarnati and Representative Turzai – have tried to dismiss the case or further delay trial. A May 2018 Commonwealth Court ruling dismissed most of their preliminary objections but directed parties to file briefs on the issue of mootness.
The Education Law Center-PA (ELC) is a nonprofit, legal advocacy organization dedicated to ensuring that all children in Pennsylvania have access to a quality public education. Through legal representation, impact litigation, trainings, and policy advocacy, ELC advances the rights of vulnerable children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, English language learners, LGBTQ students, and children experiencing homelessness. For more information, visit elc-pa.org or follow on Twitter @edlawcenterpa.
The Public Interest Law Center uses high-impact legal strategies to advance the civil, social, and economic rights of communities in the Philadelphia region facing discrimination, inequality, and poverty. We use litigation, community education, advocacy, and organizing to secure their access to fundamental resources and services in the areas of public education, housing, health care, employment, environmental justice and voting. For more information visit www.pubintlaw.org or follow on Twitter @PubIntLawCtr.
Delco News Network quotes ELC Legal Director Maura McInerney in an article on Governor Wolf and Senator Joe Scarnati’s opposing briefs on the legal status of ELC’s school funding lawsuit. They write: “‘The governor recognizes that our public school children continue to suffer the painful consequences of underfunded schools every day. He understands that their need for justice is now,’ said Maura McInerney. ‘There can be no question that a dispute continues to exist regarding the adequacy and equity of Pennsylvania’s broken school funding system.'” Read more here.
Public News Source quotes ELC Legal Fellow Sean McGrath on the availability of early intervention services in the state of Pennsylvania. Read more here.
“Not only has Pennsylvania’s new school-funding formula failed to remedy disparities between wealthy and poor public school districts, the spending gap between such districts has grown, according to a filing Friday by plaintiffs in a landmark funding lawsuit,” Maddie Hanna of Philly.com writes, on ELC’s fair funding suit. Read more here.
The Inquirer reports on education advocate Jean Searle’s success in reuniting with her son, who had been taken from her while she was institutionalized many years prior. The article quotes ELC Legal Director Maura McInerney, who helped Searle reunite with her child. Read more here.
ELC Executive Director Deborah Gordon Klehr writes a letter to the editor in the Delco Times addressing the pervasive challenges underfunded school districts have in meeting the needs of special education students. Read more here.
WHYY reports on poor conditions in Philadelphia-area juvenile detention centers, quoting ELC Legal Director Maura McInerney. Read more here.
The Inquirer reports on ELC’s fair funding lawsuit and its continued progress toward trial. Read more here.