Commission v. School District of Philadelphia

658 A.2d 470, 1995 Pa. Commw. LEXIS 206
CourtCommonwealth Court of Pennsylvania
DecidedApril 27, 1995
StatusPublished
Cited by1 cases

This text of 658 A.2d 470 (Commission v. School District of Philadelphia) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commission v. School District of Philadelphia, 658 A.2d 470, 1995 Pa. Commw. LEXIS 206 (Pa. Ct. App. 1995).

Opinion

SMITH, Judge:

This opinion and order concern the Court’s review of the Reform Plan filed by the School District of Philadelphia on February 15,1995 in accordance with the Court’s opinion and order dated November 28, 1994. The Court required the School District to develop a plan to eliminate racial disparities in academic achievement and educational opportunities within the school system. The Court conducted hearings on the Reform Plan on March 21, March 23 and April 7,1995, receiving testimony from the School District Superintendent, Mr. David Hornbeck, the Assistant Superintendent for the Office of Collaborative Programs and Development, Ms. Katherine Connor, and the President of the Philadelphia Federation of Teachers (PFT), Mr. Theodore Kirsh.

I.

The Superintendent testified about elements of the Reform Plan and of the Action Design, which offers a more detailed descrip[471]*471tion of the proposed educational reforms. Through the use primarily of Educators’ Committees comprised of teachers and principals, Mr. Hornbeck proposes to establish an “educator driven” process to develop performance standards for Philadelphia schools commencing Spring 1995. He recognized that these professionals have the “bottom-line” responsibility to educate students and that they must be a part of the standards process. Mr. Hornbeck further testified concerning the development of school clusters and stated that specific cluster plans are still in progress. He concluded that only one school council is necessary for each school building, described the proposed organizational structure, and noted plans for increasing parental involvement within the schools.

Mr. Hornbeck persuaded the Court that the School District’s plans for class leveling at the beginning of the school year are realistic and reasonable, and he presented various strategies for educational reform that are rational and necessary to challenge the public school system. The school cluster concept is no doubt a good one so long as it does not have the effect of increasing the racial isolation of students and the School District more fully and clearly defines the clusters and demonstrates that their dominant focus will be on increasing academic achievement of students.

Ms. Connor testified about the task assigned to her and Dr. Ernestine Carter, Director of the Desegregation Office, to study and evaluate existing magnet programs and desegregation strategies in order to devise a report for submission to the Court by June 30, 1995. The Report shall respond to requirements of the November 1994 order for the School District to expand magnet programs, educational enrichment opportunities for students attending racially isolated schools, and voluntary desegregation strategies to increase physical desegregation opportunities within the School District.

Mr. Kirsh testified at length about issues confronting the School District and discussed some of the Union’s major concerns about school safety and security, school climate, the failure of the School District to provide basic allotments or resources to the schools, and potential cuts in early childhood programs.1 He does not support the plan to pay teachers approximately $130 million in rewards over a three-year period to do their job of educating students — his position is fully endorsed by the Court. Mr. Kirsh recommends instead that available funds be deployed to restore programs to the schools. He explained the first-time, “pro-active” response of the PFT to educational reform and its agreement with the School District to assume responsibility for improving the “Quest Schools,” those designated as the most in need of additional rehabilitative support and resources. The improvement of Quest Schools within the projected one-year period will inspire confidence in the PFT’s commitment to educational reform and in its willingness to promote the goal of student achievement.

Of significant concern to the Court was Mr. Kirsh’s testimony about low teacher morale; the urgent need to respond to school safety and security issues, heightened by the rape and assault upon a public school teacher inside a school building and occurring on the morning of April 7; the need for basic allotments and resources to all schools; and the need for greater parental involvement in the schools. Mr. Kirsh also testified about the recent merger of two private organizations to create the Philadelphia Education Fund, which will focus on raising additional funds for the reform effort and which will assume responsibility for the Paths/Prism and School Collaborative Effort originally operated and funded by the PEW Foundation.

It is apparent that the Reform Plan and its Action Design along with task force reports and other attachments filed with the Court represent extensive effort by the School District, its staff and task force members and that the effort demonstrates progress toward an ultimate resolution of the issues presented in these proceedings. While the Reform Plan does not fully comply with the November 1994 order, as discussed below, the Court [472]*472lauds the School District’s plans now underway to provide full-day kindergarten to all eligible students in racially isolated schools by September 1995 and to all eligible students throughout the School District by September 1996. Kindergarten plans shall not be implemented, however, at the expense of the existing Headstart and other pre-school programs, which are to continue in full operation by the School District. The Court finds that the School District’s plans for providing full-day kindergarten are in compliance with the November 1994 order.

II.

The Court finds that the plans developed by the School District related to the following items are in compliance or in substantial compliance with the Court’s order as noted hereafter. Those areas in compliance include:

Collaboration with the PFT to work with the State in developing rigorous teacher certification standards; reduced class size projections of 2:30 staff-to-student ratio for kindergarten beginning September 1995; collaborative efforts to expand pre-school and early childhood opportunities; study of the feasibility of expanding the school year; further development and expansion of the community school concept; bilingual education evaluation to focus on improving Hispanic students’ achievement; special education evaluation of over and under-representation of Black and Hispanic students, to be completed by January 1996; class leveling no later than the end of the second week of school, with the ultimate goal toward class leveling by the end of the first week of school; hiring of more certified substitutes for the racially isolated schools; continuing efforts to secure additional outside funding sources; establishment of a comprehensive school safety plan; creation of alternative disciplinary schools; in-school accommodation and suspension rooms; and plans for periodic baseline data reports to the Court and to the public.

The areas in substantial compliance with the Court order and requiring some refinement to more fully comply with the order include:

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Bluebook (online)
658 A.2d 470, 1995 Pa. Commw. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commission-v-school-district-of-philadelphia-pacommwct-1995.