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Pennsylvania: Litigation
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Pennsylvania

Costing Out | Useful Resources

Historical Background

The Pennsylvania Supreme Court has consistently found that challenges to the state's public school funding system are non-justiciable. In the 1970s and 1990s, plaintiffs in three separate lawsuits claimed that the state's then-current education finance system violated the state constitution. In Danson v. Casey, 399 A.2d 360 (1979), the state supreme court held that plaintiffs failed to state a justiciable cause of action, and in 1998, Commonwealth Court held that two additional challenges to the funding system were also non-justiciable: in Marrero v. Commonwealth, 709 A.2d 956, the court dismissed an "adequacy" claim, and in Pennsylvania Association of Rural and Small Schools v. Ridge, 737 A.2d 246, the state supreme court affirmed Commonwealth Court's dismissal of plaintiffs' "equity" claim.

Other Advocacy Strategies

In the face of state court decisions denying review of the education finance system, advocates in Pennsylvania are using other strategies to improve funding for public schools. For example, faith leaders formed the Good Schools Pennsylvania coalition to push for more adequate and equitable funding, as well as certain education reforms, such as smaller classes, better buildings, and adequate instructional materials. Also, the Philadelphia Education Fund and the Alliance Organizing Project, in Philadelphia, and The Partnership for Fair Chance Schools, a statewide organization, are working at the grassroots level to improve education and education funding.

Costing Out

Pennsylvania needs to increase education spending by $4.61 billion or 26.8% per year in order to meet performance standards, according to the study “Costing Out the Resources Needed to Meet Pennsylvania’s Public Education Goals” released in November 2007. According to the authors, the poorest 20% of school districts need a 34.9% increase in funding, while Philadelphia needs a 50% increase.

The study, prepared by Augenblick, Palaich and Associates for the State Board of Education and requested by the Pennsylvania Department of Education, was designed to determine the cost for all Pennsylvania public school students to receive a quality education and be able to meet state standards defined as universal mastery of 12 academic areas and 100% proficiency on state assessments of reading and math. Yet, 100% proficiency is actually an artificial, unattainable goal, and the study more likely estimates the cost of “100 percent opportunity.”

In May 2008, Governor Rendell proposed a six year plan to phase in $2.6 billion of basic education funding. The plan is supported by a broad coalition of significant education advocacy groups.

Useful Resources

For Advocacy Strategies in other states where the courts have denied review or otherwise closed the courthouse door on school funding litigation, see Alabama.

Last updated, July 2008