A Commonwealth Court ruled on Feb. 7 that current funding for the government school system in Pennsylvania violates the state constitution.
Article III, Section 14 of the Pennsylvania Constitution requires that the General Assembly “provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth.” The first time an education clause appeared in the state’s constitution was 1874. The first state constitution was ratified in 1776, with subsequent constitutions in 1790 and 1838, before the adoption of the 1874 constitution with the education clause. For nearly 100 years, the constitution did not require the state to provide government education for Pennsylvania’s youth.
Since 1874, state budgets and education spending have continued to swell, with over $7 billion going to “Basic Education Funding” in the 2022-23 state budget.
In a 786-page memorandum opinion, Commonwealth Court Judge Renée Cohn Jubelirer agreed with the main complaint in the lawsuit filed eight years ago that some of the state’s government schools are underfunded. The School District of Lancaster was one of six school districts that filed the lawsuit.
“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,” Jubelirer wrote. “As a result of these disparities, Petitioners and students attending low-wealth districts are being deprived of equal protection of law.”
Demaris Rau, retired Superintendent of the School District of Lancaster, called the ruling a “huge, huge decision for kids.”
State Rep. Ismail Smith-Wade-El (D-49) praised the ruling in a Feb. 8 press release, calling “high-quality education” the “right of every child in the state of Pennsylvania.”
“Yesterday, the court ruled that it is simply not right that some kids start a school year with a new MacBook, while kids just a few miles away are asked to share a math book,” Smith-Wade-El said. “Education should never be a zero-sum game, with winners and losers. I am happy that a court has finally recognized the fundamental unfairness in the way we fund education in Pennsylvania and has chosen to do right by the most underserved children in our communities. This is a win for all of us.”
Jubelirer’s ruling did not provide a specific solution, and discussions about Governor Josh Shapiro’s first budget proposal will likely include in-depth discussion on the application of the ruling.
Chris Hume is the host of The Lancaster Patriot Podcast and the author of several books, including Seven Statist Sins. He can be reached at info@thelancasterpatriot.com.
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