The Pennsylvania Constitution guarantees every child a right to a “thorough and efficient” public education. For decades, the state has been shirking its constitutional obligation. Pennsylvania ranks 42nd in state share for education, putting the heavy tax burden on local districts through property taxes, leaving poorer districts insufficiently funded. Black, Hispanic, and low-income students suffer disproportionately.

On February 7, 2023, the Pennsylvania Commonwealth Court unequivocally ruled that the state’s school funding system was unconstitutional. It recognized that education is a fundamental right guaranteed by the Pennsylvania Constitution to all children – and that this right has been denied to students in low-wealth districts. The ruling directed the State Legislature to fix the way it funds public education, so every public school district has adequate funding to provide a high-quality education.

“[The state’s] Education Clause was clearly, palpably, and plainly violated because of a failure to provide all students with access to a comprehensive, effective, and contemporary system of public education that will give them a meaningful opportunity to succeed academically, socially, and civically,” wrote Commonwealth Court Judge Renee Jubilerer.