Commonwealth Court rules for school districts in fair funding dispute; Greater Johnstown among plaintiffs

Feb. 8—JOHNSTOWN, Pa. — Just moments before the Greater Johnstown School Board meeting on Tuesday, Superintendent Amy Arcurio received historic news for the district and schools across the state.

Commonwealth Court Judge Renee Cohn Jubelirer ruled in favor of the plaintiffs in a statewide lawsuit, giving Greater Johnstown and other school districts a victory in their dispute with the government over education funding.

Jubelirer wrote in her opinion that education is a fundamental right guaranteed by the state Constitution for all school-age children — and that those who live in districts with low incomes and property values are deprived of the same opportunities and resources as learners in wealthier districts.

Greater Johnstown is one of the original six petitioner districts that brought the case against the Pennsylvania Legislature, governor and others in 2014. Arcurio testified on behalf of Greater Johnstown regarding its funding struggles.

"We know this is the beginning of a long battle," Arcurio said Tuesday, "but the first leg of the journey has been successful."

Other petitioners include 150 rural and small schools, the state NAACP, commonwealth parents and students.

Hearings began in late 2021 and wrapped up last March.

In her nearly 800-page decision, Jubelirer said the state legislators failed in their constitutional duty to provide students with "a meaningful opportunity to succeed academically, socially and civically" by denying them "access to a comprehensive, effective and contemporary system of public education."

The judge wrote: "The court's decision (Tuesday) was reached after careful thought and thorough deliberation of the law and the volumes of evidence presented. While the Court regrets having to point out how and where the system is deficient, a discussion of the system's deficiencies was a necessary component of the court's analysis. The Court strived to not focus solely on the negatives, but to highlight the many achievements of the students, districts and respondents, all of whom are deserving of some praise for what has been accomplished thus far. The discussion of the evidence was not intended to diminish these achievements or be critical of anyone."

Upon review of all the testimonies and evidence, the court determined that "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."

Arcurio thanked the board for allowing her to participate in the case and share Greater Johnstown's situation.

"Our story is incredibly powerful," she said. "So powerful it can change litigation and the direction of public education, because our kids need that and our kids deserve to have everything in Greater Johnstown School District that every affluent school district has across this commonwealth."

The superintendent said a district's offerings shouldn't be determined by the tax base of the community in which its children are raised.

Ronald Repak, the Greater Johnstown board's solicitor, described the decision as a win for the school board and district.

The Public Interest Law Center held a zoom event to discuss the ruling Tuesday evening.

Dan Urevick-Ackelsberg, a staff attorney for the group, said he doesn't expect legislators to take several years to right this wrong, adding that the elected officials aren't starting from scratch.

Pennsylvania's funding system is allocated in the state budget annually and a formula was instituted in 2016 that takes into account student enrollment, district wealth and other factors — but only for new dollars.

Fund Our Schools PA, a partnership between The Education Law Center of PA and The Public Interest Law Center, found that during the 2018-19 school year, 86% of children in the commonwealth did not receive adequate funding, according to state law.

The organization also determined that there's a more than $4 billion gap between what school districts get and what they need.

The next step is for the state legislators to come together and work to create a fair funding formula that corrects these problems, the group said.

"At its core, it means a superintendent assesses the needs of students coming in the door and meets those needs," Urevick- Ackelsberg said.

Public Interest Law Center representatives said they expect Gov. Josh Shapiro's budget proposal next month to possibly reflect the ruling of this suit, and for there to be judicial oversight of the legislature's education funding decisions.

Joshua Byers is a reporter for The Tribune-Democrat. He can be reached at 814-532-5054. Follow him on Twitter @Journo_Josh.