Establishing, under IDEA, right of pre-school child with disabilities to smooth transition to school-age services and pendency.
In June 2012, after granting expedited review and oral argument en banc, the Commonwealth Court dismissed as moot ELC’s Emergency Petition for Mandamus filed on behalf of families facing potential school closures in fiscally-distressed Chester Upland School District. However, as a result of a separate action filed in federal court and a Motion for Intervention filed on behalf of students of the District by the Public Interest Law Center of Philadelphia (PILCOP), in August U.S. Federal District Judge Micheal Baylson approved a settlement agreement between the Chester Upland School District and the Pennsylvania Department of Education (PDE) requiring the State to repay past debt and fully fund operating expenses for the 2012-13 school year. Key provisions of the settlement agreement also require additional attention to and improvement of the school district’s special education services.
For more information on this settlement go to: http://pilcop.org/chester/
This case established enforceable rights of students experiencing homelessness to remain in the same school despite duration of homelessness.
This case challenged exclusion of highly mobile students experiencing homelessness to enroll in school when it was difficult to establish a school of origin or where the family was living. The decision resulted in state policy that, among other things, now ensures enrollment that allows homeless families to establish residency in a district where they have a substantial connection.
This case gave students who were receiving child support payments and living with relative the right to enroll in school under state law.