Our Amicus Brief in the State Funding Lawsuit

Did you know that there is a current lawsuit against the state to fund our schools? The Education Law Center (ELC) and the Public Interest Law Center of Philadelphia brought the suit last fall on behalf of six school districts, seven parents, and two statewide associations accusing the state of failing to uphold Pennsylvania’s constitutional obligation to provide a “thorough and efficient” system of public education. The state is arguing that the case should be thrown out and there is a key court date coming up on March 11th.

Yinzercation has joined with other grassroots organizations to submit an amicus (meaning “friend of the court”) brief demonstrating the reasons this case ought to move forward. I will include the full Statement of Harm we were asked to file in support of the brief below. (Click here for the full amicus brief, which was delivered on Tuesday.) For more information about the lawsuit, including an easy-to-read FAQ, visit the Pennsylvania School Funding Litigation website.

If you would like to attend the oral arguments in the case, you are invited to the Commonwealth Court of Pennsylvania in Harrisburg (601 Commonwealth Avenue, Courtroom 5001) on Wednesday, March 11th at 9:30AM. As the ELC explains, “this is a historic case challenging the legislature’s failure to adequately support and maintain Pennsylvania’s public school system.” The suit “asks the Court to ensure that all students — including those living in low-wealth districts — have the basic resources they need to meet state academic standards. We ask the court to hear this case and enforce the rights of our children to a “thorough and efficient” system of public education as guaranteed to them by our state constitution.” If you plan to attend or have questions, please contact Spencer Malloy at smalloy@elc-pa.org.

Here is the information Yinzercation submitted to support the arguments in this important case:

Statement of Harm

Pennsylvania ranks in the bottom five of all states in the proportion of funding provided by the state to public schools. This under-funding, combined with four years of de-funding in the 2011-2015 fiscal budgets, has pushed responsibility for supporting public education down on local municipalities, which have been forced to cut programs and staff. In its most recent survey of the state’s 500 school districts, the Pennsylvania Association of School Administrators (PASA) and the Pennsylvania Association of School Business Officials (PASBO) found that:[i]

  • 90% of school districts have cut staff, and more than 40% of districts have already, or plan to, cut more teachers.
  • 64% of districts have increased class size since the historic budget cuts in 2010-11, with the elementary grades hit the hardest.
  • Over half the districts will eliminate or reduce academic programs next year. The most frequently cited cuts will come from field trips (51% schools will eliminate); summer school (37%); world languages (34%); music and theater (31%); and physical education (24%).
  • Students will lose extra-curricular and athletic programs, or have to pay a fee, in over a third of the districts.
  • The vast majority of school districts report that their costs are going up because of un-funded state mandates (such as the administration of high-stakes testing).
  • In nearly every part of the state, districts are relying on local revenues (property taxes) to pay for a growing majority of school budgets. Over 75% of school districts will increase property taxes next year (that’s more than any in the past five years).

The over-reliance on local resources such as property taxes to support education exacerbates inequity in school funding as poor districts struggle to meet basic needs. In addition, because the state’s budget cuts to the most impoverished school districts were more than three times as large on average as those made to the wealthiest districts, Pennsylvania’s most vulnerable children have been harmed the most. For example, class sizes have increased more in high poverty districts while reading and math scores have declined the most for students living in poverty.[ii]

Graph-AverageFundingChangePerStudent201011-201415

[Source: PSEA analysis, 8-25-14]

Yinzercation’s analysis of data for Allegheny County supports the finding that on a per-student basis, the poorest school districts have been impacted the most by state budget cuts. Pittsburgh tops the list of districts most harmed with an average per-child loss of $1,038, followed by a list of nine other high-poverty school districts. Race is a crucial factor, too, as these districts have a large proportion of students of color. Those districts harmed the least by state budgets cuts in the county include those in the wealthiest suburban areas, including Upper St. Clair, which actually gained $4 on a per-student basis during this time period.

MostHarmedDistricts

LeastHarmedDistricts

In order to deal with the under-funding of their schools, poor districts have been forced to slash line items directly affecting students and their classrooms. For example, in 2012, Pittsburgh furloughed 285 teachers and educators. To put this in context, in total between 2008 and 2013, Pittsburgh students lost:

  • 17 percent of their teachers,
  • 45 percent of their librarians,
  • 35 percent of their paraprofessionals and support staff, and
  • 20 percent of their guidance counselors and psychological personnel.[iii]

Similarly, this school year, Wilkinsburg – a predominantly low-income, African-American school district adjacent to Pittsburgh – eliminated 18 teachers, amounting to a full 14% of its faculty. This was in addition to the 13 teachers and staff members who were furloughed last year.[iv]

Students in these districts are some of the poorest in the county, yet have lost critical education programs. Some examples illustrate the actual impact on kids:

  • Pittsburgh Colfax K-8, a Title I school with one of the largest achievement gaps in the city, eliminated its after school and Saturday tutoring program.
  • Some classes grew to 39 or more students.
  • This school also cut its middle level choral program and baseball team, and delayed instruction for instrumental students at the elementary level.
  • Pittsburgh Manchester, a Title I school with 94% students of color, has a brand new library built by the community but students cannot check out books because there is no regular librarian.
  • Parents and teachers at Pittsburgh Linden K-5 provide paper for photocopies and other basic supplies.
  • Pittsburgh CAPA 6-12, a magnet school for creative and performing arts, eliminated sculpture classes for visual art students and solo lessons for instrumental students (a cornerstone of instruction in those fields).
  • There aren’t enough math textbooks for the students at Pittsburgh Allderdice high school.
  • The historic marching band at Pittsburgh Westinghouse high school was not able to purchase drumsticks or replace 15-year-old uniforms.
  • The district eliminated its Parent Engagement Specialists who worked with the most marginalized students and their families: this position had been especially effective at schools serving children bussed from distant communities (the result of a long pattern of school closures in poor neighborhoods and communities of color).
  • In 2014, Pittsburgh announced plans to cut additional world language classes, with schools eliminating language offerings entirely or seriously reducing courses.
  • The graphic on the following page offers additional impact statements from parents, students, teachers, and community members about the effect of cuts in Pittsburgh’s schools due to inadequate state funding.[v]

Inadequate state funding for school districts also leads to inequities within poorer districts, as some individual schools have access to community resources while others do not. For instance, one school on Pittsburgh’s East End has an active parent organization that annually raises over $60,000 to support educational field trips, student activities, classroom technology, and basic supplies – items that wealthier school districts are able to provide without relying on volunteer donations. Yet parents at other city schools struggle to raise similar donations leading to wide variation in the availability of crucial educational programs and enrichment opportunities for students within the same district. Adequate and equitable state funding for public education is crucial to address such inequities within and between school districts and to eliminate the harmful impacts on our most vulnerable children.

BudgetCutComments

[i] PASA-PASBO report, “Continued Cuts: The Fourth Annual Report on School District Budgets,” June 2014. [http://www.pasa-net.org/BudgetReport6-5-14.pdf]

[ii] PSEA report, “Budget cuts, student poverty, and test scores: Examining the evidence,” August 2014. [http://psea.org/uploadedFiles/LegislationAndPolitics/Key_Issues/Report-BudgetCutsStudentPovertyAndTestScores-August2014.pdf]

[iii] Pittsburgh Board of Public Education, “Financial Statements, Final Budget,” August 2013.

[iv] Pittsburgh Post-Gazette, June 5, 2014. [http://www.post-gazette.com/local/east/2014/06/05/Wilkinsburg-teachers-approve-contract-permitting-furloughs/stories/201406050293]

[v] Great Public Schools Pittsburgh report, “Creating a District of Last Resort,” October 2013. [https://docs.google.com/file/d/0BwHydmYY4leQRVRVREpqd3BxUkE/edit]

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