Yuricheck took the stand Wednesday as the second witness in a landmark lawsuit over Pennsylvania’s system for funding public education. Panther Valley is one of six school districts suing state leaders, arguing Pa. is failing to provide the “thorough and efficient system of public education” its constitution requires.
A key question in the case before Commonwealth Court is what, exactly, a “thorough and efficient” system of education entails. Lawyers for the plaintiffs and defendants offered competing definitions in their opening statements last week.
The plaintiffs argue that the state is dramatically underfunding public education, and creating substantial disparities among districts by relying heavily on local taxes to fund schools. The funding gaps are so bad, they say, the state violates that clause of its constitution.
Meanwhile, attorneys for GOP lawmakers argue that even if the system isn’t completely fair, and some schools have less than others, it’s not illegal. “Thorough and efficient” does not mean that every student has the exact same resources and opportunities, they say.
After Yurichek’s testimony, the plaintiffs called to the stand Derek Black, a constitutional law professor at the University of South Carolina School of Law.
He spoke about the Pennsylvania Constitutional Convention of 1872-1873, when delegates worked to establish the state constitution’s education clause.
The language they came up with, Black said, shifted from a “discretionary pauper school system to a mandatory system that serves all children.”
The delegates wanted to ensure that there isn’t a separate, inferior education system for poor students, he argued.
“If what you’re trying to do is ensure a thorough and efficient system of education, you can’t have one system of education for one set of kids, or one set of schools for one set of kids and another for others. So they believed it was important to bring all of those kids under one roof and serve them together in one system of thorough and efficient schools,” Black said.
The delegates were also concerned about some communities needing to tax themselves at higher rates to provide an education.
The term “thorough and efficient,” he said, “is mandating a floor below which no school can fall. That’s to say that the schools that are struggling or that have high tax burdens, they’re going to be lifted up to be on the plane of the other schools.”