For activists, education reformers and state lawmakers, the school funding gap between Pennsylvania students from affluent backgrounds and those living in low economic standing has long been a source of legislative contention. One major obstacle standing in their way is local property taxes, which account for the bulk of educational funding in the state, giving those residing in wealthier districts an unfair advantage. Since the beginning of last year, a steadily growing coalition of superintendents, advocates, teachers, lawmakers and families formed the Level Up initiative, successfully filing a series of lawsuits in Pennsylvania and other state legislatures to combat this issue.
In mid-February, the Pennsylvania Commonwealth Court ruled that the state’s funding system and antiquated structuring were unconstitutional, requiring immediate budget reform. According to legal experts, the court’s recent decision is expected to lead to a trickle-down effect in policy that could extend to other states trying to address the issue of ensuring quality education for all students, no matter their socio-economic background.
It is a declaration that education is not only a right in Pennsylvania but a fundamental right.”
Represented by Best Lawyers recognized firm O’Melveny & Myers LLP, the Education Law Center of Pennsylvania and the Public Interest Law Center, the petitioners were able to highlight blatant deficiencies in the budgets of high-wealth and low-wealth school districts, leaving virtually no rational need for such a severe funding gap to exist.
“By all measures, this is a historic decision. It is a declaration that education is not only a right in Pennsylvania but a fundamental right. This is going to be a generational change, but now the challenge is that it is going to take all parties to move the needle in a way that is not going to happen overnight,” stated Claudia De Palma, a legal associate with the Public Interest Law Center, as reported by the Progressive.
When it comes to tackling school funding reform in the U.S., many of the difficulties lie in a Texas-based U.S. Supreme Court case from 1972, San Antonio Independent School District vs. Rodriguez. In this case, the Supreme Court ruled that the once-independent San Antonio school district, whose funding system was based on local property taxes, did not violate the 14th Amendment’s equal protection clause. In the case of Pennsylvania, circumstances and constitutional discrepancies between states mark some essential differences that allow for legal standing.
“San Antonio found there is no right to education in the federal U.S. Constitution. But state constitutions, including Pennsylvania’s, included a specific clause that establishes a right to education. Our case in Pennsylvania was based on a state right to education,” continued De Palma.
With budget negotiations still underway in the state’s capital, former Governor Tom Wolf recently suggested $300 million in state funding be allocated to supplement the Level Up initiative. In addition to this supplement, coalition members propose a $1.25 billion increase in basic education funding, which has quickly gained bipartisan support amongst lawmakers. Until an agreement is met, most public schools within the state will likely be unable to provide the necessary resources and tools for students to succeed academically.
