On July 29, Commonwealth Court Judge Renée Cohn Jubelirer cleared the way for plaintiffs in the upcoming trial of an important Pennsylvania school funding case to provide evidence about the massive racial achievement gaps in Pennsylvania public schools.
The lawsuit, which was first filed in 2014 by six of the state’s poorest school districts, is expected to begin on October 12. The suit argues that the current method of school funding in Pennsylvania violates the state constitution which says, ” the General Assembly must “provide a thorough and efficient system of public education to serve the needs of the Commonwealth.”
According to the Public Interest Law Center, which is part of the plaintiffs’ legal team, “The state has adopted an irrational and inequitable system of funding public education that does not provide the resources students need to meet state standards and discriminates against students based on where they live and the wealth of their local communities.”
Senate And House GOP Leaders Filed Motion To Not Allow Evidence Of Racial Impact
On July 7, attorneys representing House Speaker Bryan Cutler and Senate President Jake Corman argued before Commonwealth Court Judge Renée Cohn Jubilirer that because the plaintiffs in the case are not alleging intentional racial discrimination, evidence of racial discrimination is irrelevant.
Judge Jubilirer, for the most part, didn’t buy it.
Judge Jubilirer, a Republican, wrote in her conclusion –
Based upon the foregoing, the Court denies the Motions in Limine filed by Speaker Cutler and Senator Corman to the extent they seek to preclude Petitioners from presenting evidence of the disproportionate impact on racial and/or ethnic minorities, such as spending or achievement gaps. However, at trial, Respondents may object to specific evidence they believe goes beyond the allowable purposes set forth herein. Because Petitioners have not demonstrated the relevance of the challenged “background evidence,” the Court grants the Motions in Limine in part.
Calling attention to disparities in funding between wealthy school districts and poor ones, the original lawsuit mentions Lower Merion School District 18 times.