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.

FOR IMMEDIATE RELEASE: JULY 21, 2025 

Contact: Katy Otto, 240-478-9387, [email protected]; Dena Driscoll, 215-760-9919, [email protected] 

Philanthropic Leaders Richard L. Berkman and Toni Seidl Donate $900,000 to Advance Legal Advocacy in Pennsylvania  

PHILADELPHIA – JULY 21, 2025 – Richard L. Berkman, retired Dechert LLP partner and longtime civic leader, and Toni Seidl, longtime advocate for children and social justice, have made a landmark series of charitable contributions totaling $900,000 to three leading legal nonprofits in Pennsylvania: the Public Interest Law Center, Education Law Center-PA, and Juvenile Law Center. These gifts will fuel critical work on behalf of children, youth, and communities facing systemic injustice.  

Mr. Berkman’s distinguished legal career includes clerking for the late Judge Edward R. Becker, serving as a litigation partner at Dechert, decades of national leadership in mass tort litigation, particularly in AIDS and Hepatitis C cases. Equally noteworthy is his commitment to public service, philanthropy, and board leadership across a range of civic, educational, Jewish, and scientific institutions in Philadelphia and beyond.  

“These organizations are doing the vital, long-haul work of transforming systems that have long failed children and families—especially those who are in disadvantaged and marginalized communities,” said Rick Berkman. “Toni and I wanted to make catalytic investments in places that not only litigate for justice, but that shape policy, empower communities, and respect the dignity of individuals. We hope others will join us in supporting with significant contributions to these public interest organizations in Philadelphia that do this essential work.”  

Each nonprofit received a major donation to support its ongoing legal and policy advocacy:  

• The Public Interest Law Center received $300,000 to support its work in education, housing, health care, employment and environmental justice, as well as its efforts to uphold the right to vote and protect communities from gun violence.  
• The Education Law Center-PA received $300,000 to expand its legal advocacy for students facing educational inequity.   
• Juvenile Law Center received $300,000 to continue its national work at the intersection of youth justice and child welfare, advocating for a more equitable and developmentally appropriate legal system for young people.  

“We are honored and deeply grateful for Rick and Toni’s generosity and trust,” said Brent Landau, Executive Director of the Public Interest Law Center. “This gift will directly support our work to fight for a more just and inclusive society, and it comes at a pivotal moment in our efforts to build on the momentum of recent legal victories and respond to the new threats to our civil rights.”  

“Rick and Toni’s commitment to justice and educational opportunity is unwavering,” said Deborah Gordon Klehr, Executive Director of Education Law Center-PA. “This investment will allow us to expand our work for students whose rights are too often ignored or violated.”  

“Building on our previous partnership with Rick in litigation challenging conditions of confinement for youth, this generous gift affirms the power of legal advocacy to transform lives,” said Juvenile Law Center Chief Executive Officer Riya Saha Shah. “Rick and Toni’s support will help us continue to lead national efforts to keep children out of harmful state systems and ensure they are treated with dignity, fairness, and compassion.”   

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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, community engagement, and policy advocacy, ELC advances the rights of underserved children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, multilingual learners, LGBTQ students, and children experiencing homelessness. LGBTQ students, and children experiencing homelessness. For more information about ELC’s work, visit www.elc-pa.org.

Juvenile Law Center fights for rights, dignity, equity, and opportunity for youth. We work to reduce the harm of the child welfare and justice systems, limit their reach, and ultimately abolish them so all young people can thrive. Founded in 1975, Juvenile Law Center was the first nonprofit, public interest law firm for children in the country. As an advocacy organization we now use multiple approaches to accomplish our mission: legal advocacy, policy advocacy. youth-led advocacy, and strategic communications. We strive to ensure that laws, policies, and practices affecting youth advance racial and economic equity and are consistent with children’s unique developmental characteristics and human dignity. For more information about Juvenile Law Center’s work, visit www.JLC.org. 

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 access to fundamental resources and services. www.pubintlaw.org