Joint Statement from Education Law Center - PA, Public Interest Law Center and O’Melveny on Legislative Leaders’ Decision Not to Appeal Commonwealth Court School Funding Ruling
House Minority Leader Bryan Cutler and Senate President Pro Tempore Kim Ward will not appeal Commonwealth Court’s decision finding that Pennsylvania’s public school funding system violates the state constitution. The deadline was Friday, July 21 at midnight. With the decision by legislative leaders not to appeal the comprehensive, decisive Feb. 7 school funding order, the decision is now final and there is no excuse for state lawmakers to delay action any further.
Commonwealth Court has, per its June 21 opinion denying legislative leaders’ motion for post-trial relief, “task[ed] Respondents with the challenge of delivering a system of public education that the Pennsylvania Constitution requires – one that provides for every student to 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.” Respondents are legally obligated to meet that direction and, as of today, have abandoned any effort to challenge it.
It is time for our leaders in Harrisburg to work together to comply with the court’s ruling and fulfill their duty to deliver that constitutional system of public education.
We look forward to building a public school funding system that eliminates longstanding, grave inequities and provides sufficient funding to meet the needs of all students regardless of their communities’ wealth, giving every public school student a meaningful opportunity to succeed. Our schoolchildren cannot wait any longer.
Commonwealth Court has directed the General Assembly to ensure that public schools have sufficient funding to provide all students with access to a comprehensive, effective, and contemporary public education. That judgment is now final. It’s time to act.
The work of developing and implementing a new system that ensures adequate and equitable funding can begin with the state’s Basic Education Funding Commission. State leaders have promised to develop a plan in time for next year’s state budget process that includes a determination of what level of resources schools need to provide every student with the educational opportunities our constitution promises. We know that our state is currently missing the mark by billions of dollars. And while basic education funding is the state’s biggest responsibility, a remedy must also address special education, pre-K and school facilities.
Commonwealth Court has directed the General Assembly to ensure that public schools have sufficient funding to provide all students with access to a comprehensive, effective, and contemporary public education. That judgment is now final. It’s time to act.