On Tuesday, February 7, 2023, Pennsylvania Commonwealth Court President Judge Renée Cohn Jubelirer ruled that public education is a fundamental right under the Pennsylvania Constitution and must be equitably funded in a case brought by low-income school districts, along with parents and students, against the PA Department of Education (PDE).

In the ruling in the case of William Penn School District; et. al. v. Pennsylvania Department of Education, “The Court interpreted and applied the Equal Protection Clause to the credited facts in this case. Applying strict scrutiny, the Court concludes Petitioners have established an equal protection violation.”

Judge Jubelirer’s opinion also said that the state constitution imposes that “every student receive a meaningful opportunity to succeed academically, socially, and civically, which requires that all students have access to a comprehensive, effective, and contemporary system of public education.” Stating that “all witnesses agree that every child can learn”, the judge left it up to state legislators, the executive branch, educators, and the PDE to remedy the state’s education funding model.

Lastly, according to the Court, the options for reform are virtually limitless.” For more information from K-12 Dive, click here.