OUR DAY IN COURT

Commonwealth Court Judge Renée Cohn Jubelirer ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed.

In a 786-page decision, the court found that “All witnesses agree that every child can learn. It is now the obligation of the Legislature, Executive Branch, and educators, to make the constitutional promise a reality in this Commonwealth.”

The court order calls for the “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.”

The court rebuffed respondents’ argument that the current system is adequate, saying “In the 21st century, students need more than a desk, chair, pen, paper, and textbooks.”

Here is the language of the court order:

1. The Education Clause, article III, section 14 of the Pennsylvania Constitution, requires that every student receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education;
2. Respondents have not fulfilled their obligations to all children under the Education Clause in violation of the rights of Petitioners;
3. Education is a fundamental right guaranteed by the Pennsylvania Constitution to all school-age children residing in the Commonwealth;
4. Article III, section 32 of 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;
5. Students who reside in school districts with low property values and incomes are deprived of the same opportunities and resources as students who reside in school districts with high property values and incomes;
6. 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; and
7. As a result of these disparities, Petitioners and students attending low-wealth districts are being deprived of equal protection of law.