William Penn-led school funding suit back in court
PHILADELPHIA » The school funding lawsuit returned to court on Wednesday, the case’s first appearance before a panel since the Pennsylvania Supreme Court in September ordered a trial on the state’s alleged constitutional violation to a fair and equitably public education.
Pennsylvania Commonwealth Court in Philadelphia heard oral arguments in the case William Penn School District et al. v. Pennsylvania Department of Education et al. on why the defendant’s objections should be dismissed and allow the case to go to trial. Attorney Brad Elias, who argued on the plaintiff’s behalf before the nine-member court, countered the defense’s objections that a constitutional violation is moot because of the fair funding formula, local control justifies any inequity in the state school system, and failure to allege causation.
Plaintiff co-counselors Maura McInerney from the Education Law Center and Michael Churchill from the Public Interest Law Center commented on the case during a Wednesday conference call.
“The problem certainly hasn’t been fixed and the case is not moot,” said Churchill. “The (legislative leaders) completely ignored the fact that local districts don’t have the tax base and resources to fix that. Any claim that they’re relying on local control is entirely illusory. We are hopeful that the court accepts this.”
“On average, (nationally) 47 percent of school revenues come from state funds. In stark contrast, in Pennsylvania only 30 percent of revenue is provided by the state,” said McInerney. “We rank 46th in state share.”
William Penn Superintendent Jane Harbert commented on how lack of appropriate state funding hurts her district.
“We know that our students are missing out on some of the opportunities that we’d like to provide them,” she said. “We have technology, but do we have the technology that every child can touch every day? No, we’re limited in that.”
William Penn’s technological limitations were featured in a National Geographic Channel documentary that aired in the fall called “Without a Net: The Digital Divide in America,” focusing on the the nation in tech inequalities in classrooms around the country. The film noted that Lower Merion School District, about 5 miles from William Penn, has far superior technology equipment in its classrooms since it’s wealthier.
Further, William Penn’s award-winning sports teams and speech and debate club don’t have the proper facilities to hone their physical and mental prowess or to host such events.
“With more state funding we can make sure that every child has the technology,” said Harbert. “We can make sure that every child gets to choose electives that are relevant to the profession that they choose to go on to, and we could have facilities that meet their needs. We have to make decisions between giving our students the best teachers (or) do we fix facilities? Do we put facilities in place that our students can have these events in their own communities?
“Every year we have a delay is one more group of students going through our school system without the access to things beyond what we can offer them at this time.”
Parent and co-defendant Jamella Miller said the funding issue is a constant discussion in the William Penn community.
“Among the parent groups we talk about this at every event,” she said. “It’s a conversation that we constantly have and we‘re looking for a better future for everyone in Pennsylvania.”
When asked what issue a case like this is attempting to resolve, Churchill said it may depend on how the Legislature responds.
“We’re going to go to trial and show the inequities that exist, show that there are districts throughout the state that have inadequate resources and have the court declare that the legislature has not been meeting their duty to provide efficient systems so that all children have an equal opportunity in this state.” said Churchill. “Hopefully, that will outline the kind of parameters that are necessary.”
If the Legislature tries to find a better funding system but fails, Churchill said the plaintiffs would go back to court.
A date projection was not given as to when to anticipate the court’s ruling the state’s objections.
For a case that has been ongoing for over three years, Harbert said the students motivate her to keep pushing through with the lawsuit.
“Every time I work with them and I see the passion that they have for learning and the motivation that they have to become successful in life, I know that we have to keep fighting this battle,” she said. “If we don’t, then who is going to fight it?”
Aside from the William Penn School District and Jamella Miller and her husband, Bryant, the plaintiffs include five other districts through the state, five other parents, the Pennsylvania Association of Rural and Small Schools and the NAACP’s Pennsylvania State Conference. on