Each month in 2025, we are highlighting an ELC milestone or success as we mark our 50th anniversary. See our timeline of ELC milestones here. 

Two decades ago, Education Law Center turned its attention to the issue of racial inequities in students’ access to qualified teachers in Philadelphia schools – initially by filing a federal civil rights complaint.

In a complaint to the U.S. Department of Education’s Office for Civil Rights, ELC lawyers alleged that in the School District of Philadelphia, schools serving larger percentages of students of color were more likely to have uncertified or inexperienced teachers and higher teacher turnover than schools serving larger percentages of white students.

“A knowledgeable and experienced teacher can make a huge difference in a child’s achievement,” Len Rieser, then ELC co-director, said at the time.

ELC cited studies to buttress its argument, which also applied to students experiencing poverty. At that time, Research for Action, for instance, found that it was “not uncommon” at middle schools with the highest percentages of students experiencing poverty for 20% of the staff to have less than a full year of teaching experience in the district.

The complaint noted that in district middle schools that served 90% or more students of color, 20% of teachers were not certified. But in middle schools where most students were white, only 1.4% of teachers were uncertified. Schools that had the highest proportions of students of color and students experiencing poverty also had higher levels of teacher turnover, ELC argued.

The complaint brought scrutiny to the way the district assigned teachers; at the time, qualified and experienced teachers were allowed to pick their own assignments.

“And schools serving large numbers of students of color got left behind in the process,” Rieser said. He told Education Week: “We have a two-tier [education] system along racial lines.”

The Office for Civil Rights eventually dismissed the ELC complaint, citing other pending litigation against the district.

Even so, concerns about the racial inequities in students’ access to qualified teachers led to the formation of a coalition of more than two dozen advocacy and student groups, including ELC, in what was called the Teacher Equity Campaign. The immediate aim was to influence ongoing teacher contract negotiations. Issues included the district’s practices in school assignment, hiring, and placement of teachers.

The resulting 2004 contract agreement, reached between the Philadelphia Federation of Teachers and the School Reform Commission, included new policies for school-based selection of teachers instead of teachers self-selecting, limits on seniority-based transfer rights, and incentives for teachers who sought employment in selected “incentive schools” and in selected subjects.

ELC and the Teacher Equity Campaign continued to advocate for further reforms in subsequent contract negotiations.

News outlets and education researchers in recent years have documented continuing inequities and high rates of teacher turnover in city schools predominantly serving students of color and students from low-income neighborhoods. 

In response, the School District of Philadelphia has employed additional reform strategies to strengthen teacher recruitment and retention, including financial incentives. In the 2024 teachers’ contract, for instance, the district agreed to pay $1,200 retention bonuses, re-engagement bonuses to all teachers, and $2,500 bonuses to teachers in schools with high numbers of vacancies.

ELC continues to advocate for racial equity in teacher quality, and this was an important issue in our school funding case.

The Pennsylvania Interscholastic Athletic Association’s deference to the Trump administration’s discriminatory executive order targeting transgender and gender-expansive student-athletes is unlawful. The executive order does not carry the force of law or supersede state or federal law.

Contacts: Tara Murtha, [email protected], Paul Socolar, [email protected]

PENNSYLVANIA // March 6, 2025: Today, Women’s Law Project and Education Law Center sent an open letter toDr. Robert A. Lombardi, executive director of the Pennsylvania Interscholastic Athletic Association, Inc. (PIAA), and the PIAA board of directors, stating that the association’s revised policies and statements regarding transgender student athletes’ participation in middle and high school athletics violate both state and federal law.

The ACLU of Pennsylvania, Fairness Pennsylvania, GLSEN, Planned Parenthood Association of Pennsylvania, and Public Education Advocates of Lancaster County also signed the letter, which you can read here.

On February 19, 2025, the PIAA board of directors voted to remove the “Transgender Policy” from its policy and procedures manual and to amend the “Mixed Gender Participation” provisions of its by-laws that address when a student’s sex is questioned, adding a requirement that member schools “consult with their school solicitors relative to compliance” with Presidential Executive Order 14201.

Following the board’s actions, PIAA assistant executive director Lyndsay Barna released a statement that the board’s “position is the Executive Order is binding to all PIAA Member Schools that accept federal funding.”

“The PIAA’s recent policy changes are both unnecessary and unlawful,” says Staff Attorney Elizabeth Lester-Abdalla, who authored the letter. “These actions evoke confusion and fear. I want to assure transgender and gender-expansive students, their families, and the people who love them that they are still legally protected under state and federal law. Transgender Pennsylvanians have legal rights that fearmongering rhetoric alone cannot take away, and we will work to defend them.”

Courts have overwhelmingly found that Title IX and the Fourteenth Amendment of the U.S. Constitution provide clear protections from discrimination based on gender identity across all areas of education, including sports. Further, the Pennsylvania Human Relations Act makes it clear that transgender individuals have the right not to be discriminated against based on their gender identity. PIAA and public school districts are also bound by the Pennsylvania Constitution, which prohibits discrimination because of sex.

“As our letter makes clear, the president’s executive order does not have the force of law or supersede state or federal law,” says Education Law Center Senior Attorney Kristina Moon. “PIAA should be aligning its policies with the law and protecting trans students against discrimination – not scapegoating students who just want to be able to attend school, be themselves, and participate fully in school activities like everybody else.”

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Founded in 1974, Women’s Law Project is a public interest legal organization focused on advancing and defending reproductive freedom, LGBTQ+ equality, and gender justice.

The Education Law Center’s mission is to ensure access to a quality public education for all children in Pennsylvania.