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Ruling in landmark Pa. public education funding lawsuit is just, long overdue

If you’ve watched “Abbott Elementary,” the ABC sitcom set in Philadelphia and created by Quinta Brunson, the daughter of a longtime Philly teacher, you may have wondered if its fictional portrayal of a poor public school was exaggerated.

Could a public school, in 2023, really have textbooks stating that the current president is one who left the White House decades ago? Could the broken-down restrooms and crowdfunding for basic supplies in “Abbott Elementary” be more than figments of a sitcom writer’s imagination?

These indeed are realities for underfunded public schools across the state.

According to testimony noted by Judge Jubelirer, the School District of Lancaster’s physics textbook is 12 years old, “and some of its high school textbooks list countries that no longer exist.”

And those are the least of the indignities that children in Pennsylvania’s underfunded school districts have been forced to endure because the state government has failed — in Jubelirer’s assessment — to fulfill its obligation under the Pennsylvania Constitution.

That obligation? To provide access to an education that offers students a “meaningful opportunity to succeed academically, socially, and civically.”

It is clear, “based upon the credited testimony and evidence, that every student is not receiving that opportunity,” Jubelirer wrote.

We don’t know yet whether Republican Leader Cutler intends to appeal Jubelirer’s historic ruling, but we fervently hope he doesn’t. If an appeal is filed in the next few weeks, the Pennsylvania Supreme Court will hear it.

High-quality education is essential if we are to prepare the next generation of Pennsylvanians for citizenship in the 21st-century world and workplace. Depriving young Pennsylvanians of this education will create a drag on the state’s long-term economic growth.

Children’s advocate Donna Cooper told Spotlight PA that the lawsuit showed how systemic underfunding has hurt rural, suburban and urban schools across the commonwealth. This, in turn, diminishes the state’s future prosperity.

In the introduction to the ruling, Jubelirer cited Benjamin Franklin, who observed that an “investment in knowledge pays the best interest.”

Jubelirer is not a progressive ideologue, by any stretch of the imagination. The Commonwealth Court president judge ran for the bench as a Republican.

Her ruling is a searing indictment of the state Legislature. And if its recalcitrant leaders have any shame, they will work expeditiously to correct the wrongs highlighted in this landmark lawsuit.

Shame was what we felt when we read that the legislative leaders responding to the lawsuit contended that the facilities in which students learn only need to be “generally safe,” rather than safe and adequate.

Would they accept a “generally safe” school building for their own children?

Would they be comfortable sending their kids to learn in a school district that, because of low property values and the forced reliance on real estate tax revenue, couldn’t provide up-to-date equipment or even a temperate classroom climate?

The evidence in this lawsuit made it clear that there is an achievement gap between students in underfunded school districts and students in better-funded districts. In response to this gap, the Pennsylvania Department of Education set separate, lower goals for underserved students.

Retired School District of Lancaster Superintendent Damaris Rau testified that she was “shocked” by this. And it is truly shocking.

Former Deputy Education Secretary Matthew Stem, now the executive director of Lancaster-Lebanon Intermediate Unit 13, testified that the decision was made not because of the innate ability of certain students, but because of the severity of the inequities within Pennsylvania’s school funding system.

The evidence in the lawsuit — including the disparate graduation rates, attainment rates and standardized test scores between students in low-wealth and high-wealth school districts — all painted a portrait of a state failing too many of its children.

As Jubelirer noted, the court heard “extensive credible testimony from educational professionals and experts” about how school staff — such as guidance counselors, social workers, nurses, psychologists, instructional aides, reading specialists and tutors — help students succeed.

Several of the petitioning districts have such personnel, but too few to meet student needs. According to testimony, for instance, the School District of Lancaster’s 20 student and family resource specialists — social workers — have caseloads of 500 to 600 students each, and the district’s 11 psychologists carry caseloads of around 1,000 students each. How could these professionals possibly address the individual challenges of students burdened by poverty, language obstacles and learning differences?

Money “does matter, and economically-disadvantaged students and historically underperforming students can overcome challenges if they have access to the right resources that wealthier districts are financially able to provide,” Jubelirer wrote. (Those “historically underperforming” students include students of color, English language learners and students with special needs.)

Statistics, the judge wrote, “confirm what numerous witnesses testified as to: every child can learn, regardless of individual circumstances, with the right resources, albeit sometimes in different ways.”

The bolded text was the judge’s. It was bolded because it’s a critical point.

She concluded: “It is now the obligation of the Legislature, Executive Branch, and educators, to make the constitutional promise a reality in this Commonwealth.”

It is, though she did not specify just how they must do it. It will be a heavy lift — perhaps too heavy to accomplish in this year’s budget process.

In a statement last week, Democratic Gov. Josh Shapiro praised the ruling, noting that “creating real opportunity for our children begins in our schools, and I believe every child in Pennsylvania should have access to a high-quality education and safe learning environment, regardless of their (ZIP) code.”

According to The Associated Press, Bruce Baker, a University of Miami education professor who researches public school financing, has found Pennsylvania to be the most inequitable state for school funding, along with Illinois.

“Abbott Elementary” has made us famous for it. But it’s not a laughing matter. It’s an injustice that must be remedied without further delay.

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