school funding lawsuit

Finally! PA Court Rules Unfair School Funding is Unconstitutional! 

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Welcome to Pennsylvania, where a common-sense judgement takes 8 years in court. 


 

And regressive Republicans respond with more illogical nonsense. 

 
A judge in Commonwealth Court finally ruled this week that the state’s school funding system violates the state constitution.  

 
It took school districts, parents, and advocacy groups banding together to file the lawsuit back in 2014, but it was really kind of a no-brainer. 

It basically comes down to whether you can provide a mountain of funding to rich kids while throwing a few pennies at poor kids.

Spoiler alert: You can’t.

The reason? The state Constitution guarantees a “thorough and efficient system of public education to serve the needs of the Commonwealth” – and cake for rich kids while poor kids get crumbs just isn’t thorough or efficient or meets the needs of the Commonwealth.

The problem is that the state funds schools based heavily on local taxes – so rich neighborhoods can afford to pile on the monetary support while poor ones do the best they can but fall far short of their wealthier counterparts.

If the state paid more of the cost of educating Commonwealth children, this would be less of an issue. But Pennsylvania is 43rd in the country when it comes to the share of revenue for local school districts that it pays.

The result is one of the biggest spending gaps between rich and poor kids in the nation.  

Judge Renée Cohn Jubelirer, a Republican, ruled that this was discrimination. In short: 

“…the Pennsylvania Constitution imposes upon Respondents an obligation to provide a system of public education that does not discriminate against students based on the level of income and value of taxable property in their school districts… 

The disparity among school districts with high property values and incomes and school districts with low property values and incomes is not justified by any compelling government interest nor is it rationally related to any legitimate government objective…

[Therefore] Petitioners and students attending low wealth districts are being deprived of equal protection of law.” 


 
Unfortunately, no mention was made in the nearly 800-page ruling of exactly how to fix the problem. 

The trial began in November 2021 and lasted more than three months. You’d think the judge had time to toss off a line or two about what to do next, maybe that it’s up to the state to take up the slack or something.  


 
But no. 


 
Which leaves room for right wing creeps like the Commonwealth Foundation to crawl out from under a rock and give their own nonsense solution.


 
Enter Nathan Benefield, senior vice president of the Harrisburg based conservative and libertarian think tank that pushes for the destruction of any common good – especially public schools. 


 
Benefield wrote a response to the ruling praising it for leaving the legislature and executive branch to find a solution, rather than “mandating more money to a broken system.” 

Um, Benefield? Buddy? It’s broken mostly because we haven’t paid to keep it in good repair.

But he goes on…

“The only way to ensure that ‘every student receives a meaningful opportunity’ is for education funding to follow the child. Students that are trapped in their zip-code assigned school — especially in low-income and minority communities — often have no alternatives when their academic or social needs are unmet.” 

So the solution to not having enough money is more choice!?

I can’t afford to buy breakfast. Having a choice between raisin bran and pancakes won’t make a difference. I CAN’T AFFORD EITHER ONE!!!!

If every district received fair funding, it wouldn’t matter what your zip code is anymore. That’s the whole freaking point!

But look for neofacists and libertools to start spouting this kind of rhetoric at every turn now that they can’t hide behind the old excuse that it’s somehow fair to steal poor kids lunch money and give it to rich kids.

The next step is not entirely clear.

Some think it likely that the state will appeal the decision to the Pennsylvania Supreme Court. 

However, they would have a pretty weak case if they did, said Maura McInerney, an attorney for the plaintiffs.

“The record is very, very clear that local school districts are not adequately resourced,” she said. “I think it would be extremely difficult to be successful on appeal.” 

Judge Jubilerer wrote in her ruling that she hoped everyone would work together now to find a solution:

“The Court is in uncharted territory with this landmark case. Therefore, it seems only reasonable to allow Respondents, comprised of the Executive and Legislative branches of government and administrative agencies with expertise in the field of education, the first opportunity, in conjunction with Petitioners, to devise a plan to address the constitutional deficiencies identified herein.” 

It may sound naive, but it’s happened in other states – specifically New York and New Jersey. 

A suit filed in 2014 in New York argued that the state never fully funded a 2007 Foundation Aid program. The program was supposed to consider district wealth and student need in order to create an equitable distribution of state funding. 

The Empire State settled in 2021 and is now required to phase-in full funding of Foundation Aid by the 2024 budget. 

New Jersey tackled the issue way back in 1981. A state court ruled officials had to provide adequate K-12 foundational funding, universal preschool and at-risk programs. 

This made New Jersey the first state to mandate early education. The state also undertook the most extensive construction program in the country to improve the quality of school buildings in impoverished neighborhoods, according to the Education Law Center. 

Could such sweeping reforms be coming to the Keystone state?

“For years, we have defunded our public schools at the expense of our students,” said state Sen. Lindsey Williams (D- 38th district), who is the minority chair of the PA Senate education committee. “[The ruling] is game-changing for our students across the Commonwealth.” 

Sen. Vincent Hughes of Philadelphia, the ranking Democrat on the state Senate’s Appropriations Committee, said the state can afford a big boost in aid to the poorest schools right now because we have billions of surplus dollars in the bank. 

This is exactly what is needed.

During the trial, plaintiffs presented evidence that schools are underfunded by $4.6 billion, an estimate that they said does not account for gaps in spending on special education, school buildings and other facilities. 

 Some organizations like PA Schools Work are calling on legislators to act now by adding approximately $4 billion in Basic Education Funding. They even suggest the increase be at the rate of one billion per year over the next four years to make it more feasible. Finally, they propose this money be distributed through the Fair Funding Formula and the Level Up supplement so that it is more equitably distributed to districts in need.

To make matters even more complicated, the state uses an “outdated” formula to calculate how to allocate school funding.  

The legislature developed a new formula based on enrollment numbers and how much it costs to educate students who are living in poverty, English language learners, or have an Individualized Education Plan (IEP).  However, a large chunk of money isn’t distributed using that new formula.

The way I see it, the Commonwealth has a lot of education funding issues to fix.

Hopefully, this ruling finally means we’ve stopped arguing over whether a problem exists and can start focusing on how to solve it.

That, itself, would be a huge victory!

 

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Hope Grows as Argument Ends in PA School Funding Lawsuit 

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Is it safe to hope?

That’s what I’m wondering as closing arguments are set to begin tomorrow in the historic Pennsylvania school funding lawsuit.

In my home state, public schools have had to band together and sue the legislature for adequate funding.

Though a final decision may not come until summer or fall, it actually seems possible that things could change for the better. 

I feel cautiously optimistic that Commonwealth Court will decide in favor of the state’s schools and not the legislature. 

But frankly I am also disgusted that it has even come to this.

The schools had to take our own government to court to force lawmakers to pay for kids to get an adequate education.

Can you imagine the kind of person who refuses to care about children?

As a public school teacher and father, I just can’t.

Pennsylvania is one of seven states with a Constitution that specifically requires the state to provide a sufficient education. Some of these other states – like New Jersey – have used similar Constitutional requirements to force their legislatures to increase state funding to public schools.

Specifically, our state Constitution says:

“The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth.” 

“Thorough and efficient.”

Not lavish. Not extravagant. Just complete and productive.

Yet for nearly 8 years getting to court and for three months, 13 weeks, 48 days in court, the state has argued that it already does that.

It’s one of the most absurd assertions I have ever heard. They might as well argue that water is not wet and fire is not hot.

Walk into any wealthy school in the Commonwealth and look around. You’ll see the equivalent of the Taj Mahal. Now walk into any poor district and look around. You’ll see the equivalent of a slum.

One has brand new facilities, marble columns, and wood paneling scrubbed to a shine with a bustling staff moving to-and-fro. 

The other has badly maintained structures, exposed insulation, dusty corners, leaky ceilings and animal droppings while a skeleton crew of adults try their all to do the impossible without the tools to get it done. 

The Pennsylvania legislature has been paying less and less of public schools’ budgets over the last four decades. The state used to contribute 54% of all public school costs in the early 1970s. Today it pays just 38% of the cost. Only five states cover a smaller share with the national average at 47%. This leaves local taxpayers to take up the slack. Since districts are not equally wealthy, that increases the disparity of resources between rich and poor districts.

During the trial, the state had tried to argue that money doesn’t matter. Yet poor schools can spend $4,800 less per student than wealthy districts. What’s worse, impoverished students have greater needs than rich ones. They often don’t have books in the home or access to Pre-kindergarten. Poor students often suffer from food insecurity, malnutrition, a lack of neonatal care, worse attendance, are less well rested and have greater special needs and suffer greater traumas than wealthier students. Yet we provide them with fewer resources!?

According to a benchmark written into state law, public schools need $4.6 billion in additional funding just to give students a shot. And 277 districts – whether they be in cities, small towns or suburbs – need $2,000 in additional funding per student to get up to snuff.

This affects the great majority of our children – 86% of students attend schools that don’t receive adequate resources.

But it’s even worse for children of color. Half of the state’s Black students and 40% of the state’s Latino students go to schools in the bottom 20% for local wealth.

John Krill, a lawyer for the state, sees no problem with this disparity. In fact, he argued in favor of it.

In perhaps the most revealing moment of the trial, Krill, who represents GOP Senate President Pro Tempore Jake Corman, asked:

 
“What use would a carpenter have for biology? […] What use would someone on the McDonald’s career track have for Algebra 1? […] The question in my mind is, thorough and efficient to what end? To serve the needs of the Commonwealth. Lest we forget, the Commonwealth has many needs. There’s a need for retail workers, for people who know how to flip a pizza crust.” 

So the Commonwealth actually argued that inequitable funding is okay because all kids don’t need a thorough education. Some just need the bare minimum to do whatever menial jobs they’re destined to have while the elite kids need more for the high skilled jobs they’re going to get.

I wonder which kids Krill and his defendants in the legislature think deserve less funding. I’ll bet it’s the black and brown kids already suffering most from this disparity.

Luckily, the school districts asking the courts to intervene feel differently.

Six school districts – William Penn, Lancaster, Panther Valley, Greater Johnstown, Shenandoah Valley, and Wilkes Barre Area – filed the suit along with the Pennsylvania Association of Rural and Small Schools, the NAACP PA State Conference, and families whose children attend under-resourced schools.

Essentially, they are asking for two things.

First, for the court to declare the current funding system unconstitutional.

Second, for the court to order the legislature to create and maintain a fair funding system.

You might say, wait. Didn’t the legislature adopt a new Basic Education Funding formula in 2016 that already provides a fairer way to allocate money based on need?

And the answer is – yes, it did, BUT this funding formula is hardly ever used. Lawmakers only apply it to distribute new money, and increases have been few and far between. So the lion’s share of education funding is still inequitably distributed. We need to change that, to make sure everyone is getting their fair share AND that the money is adequate for the task.

Gov. Tom Wolf’s 2022-23 budget proposal has already begun to address this.

He suggests a $1.75 billion down payment to schools on the $4.6 billion gap.

The state has the money to do this. It just needs to cut wasteful spending elsewhere and close tax loopholes.

For example, the state throws away $240 million a year to The Race Horse Development Fund. These are taxpayer funded subsidies to wealthy horse racing enthusiasts and hobbyists. Since 2004, the legislature has lavished $3 billion on the horse racing industry. Shouldn’t we prioritize school children over cash prizes and inflated pensions for wealthy horse owners, breeders, and trainers? Aren’t kids more important than paying to drug test horses and for racetrack marketing?

It’s these kind of shenanigans that forced 57% of school districts to increase taxes this year.

If the state was doing its job and looking after kids instead of giving handouts to wealthy oligarchs, you and I wouldn’t feel as much pain in our wallets.

Moreover, local school districts will pay $2.8 billion in charter school tuition this year. Why does the state keep opening these expensive privatized institutions that have less fiscal accountability than our authentic public schools? Again the ideology of far right lawmakers is funded by you and me with our tax dollars.

So what’s next after closing arguments this week?

Both parties in the case will file a series of post-trial briefs saying what they believe they proved during the testimony, the “conclusions of law” they are asking the judge to reach, and their analysis of the legal questions presented—such as the meaning of the state Constitution’s “thorough and efficient” education clause.

The final post-trial brief is due on July 6. Then — after oral argument on legal issues at a later date — the court will make its final decision weeks or months later.

In the meantime, the budget is supposed to have been approved by the legislature (one way or another) and signed by the Governor by June 30. If not, funding for some state programs may be delayed. But you never know. The legislature has been late on this before.

So what am I learning from all of this?

The value of hope?

The evil of lawmakers who want to continue shortchanging our children?

The bravery of public school districts that challenge the state to follow its own darn rules?

All of the above.

 

Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

Plus you get subscriber only extras!

Just CLICK HERE.

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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!