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What is the next step in the fight for fair funding in education?

Lawmakers have a mandate to fix the way the state funds education.

HARRISBURG, Pa. — Governor Josh Shapiro is set to give his budget address to lawmakers in Harrisburg Tuesday afternoon.

Parents and educators in our area and across the state will be paying close attention to see how the governor responds to a court mandate handed down last year that says the way Pennsylvania funds its public schools is unconstitutional.

That decision last summer put an end to a lawsuit that had dragged on since today's ninth graders were in kindergarten. A group of school districts, including some in our area, sued the state legislature over the way it funds public schools. The court sided with the schools, ordering lawmakers to reform the education funding system.

But now it's time to put pen to paper. So, what will actually come of the fair funding fight?

As one of the plaintiffs in the lawsuit, Panther Valley School District in Carbon County has been at the forefront of the fight for more equitable state funding for schools.

Superintendent Dave McAndrew's first day on the job in 2020 included a deposition for that lawsuit.

"When you think about this lawsuit, the students that are in ninth grade right now were just starting school. We've had to wait this long just for this lawsuit to come down. That's why there's a little urgency here with wanting this funding," McAndrew said.

In response to the court's decision, the legislature formed the Basic Education Funding Commission, a bipartisan group of lawmakers who spent months studying the current system and its faults.

Last month, Republicans pitched a plan for reform. So did Democrats.

Members voted along party lines. Since the Democrats had support from additional members representing the governor, the Democrats' plan ultimately won.

Republican Senator Dave Argall was the only member of the commission from our area. He told Action 16 that both parties agreed on the need for better school facilities and fixes to the funding formula that would make state funding more predictable for districts.

Where the parties disagree is on exactly how much more money to add to the education budget.

Republicans didn't make a financial commitment in their plan. Democrats suggested adding $200 million more to the budget each year over seven years, totaling $1.4 billion.

But even that number is much lower than what education experts believe the school system needs.

"Some of the advocates wanted $7 billion right away. That would result in the biggest increase in either the state income tax or the state sales tax in history. And so, we just don't think that our constituents sent us to Harrisburg to vote for the biggest tax increase in history," Sen. Argall said.

Still, Sen. Argall said, as the chair of the Senate Education Committee, he will work toward a bipartisan solution because that's what the court has mandated.

Jean Harris, a professor of political science at the University of Scranton, cautions against being fooled by the word "mandate."  It's not as binding as you might think.

"Courts can mandate, but they can't implement, right? And so, really, it's up to the state legislature and the governor to put this into effect. Clearly, if the mandate is ignored, there will be subsequent court cases. But there is a limit to what courts can do," Prof. Harris said.

Prof. Harris added the current makeup of the legislature makes reform even more of a challenge. Republicans control the Senate, and which party controls the House depends on the result of a special election in Bucks County set for next week.

If Gov. Shapiro asks for a significant increase in education funding, he will likely have to make significant concessions elsewhere to win over Republicans.

"Numbers, that's the bottom line. It all comes down to the actual numbers. And so, that has to be addressed, and that's going to be really hard because the biggest question is, where does the money come from?" Harris added.

Back at Panther Valley, Supt. McAndrew will be watching the budget process in Harrisburg closely and says he will be prepared to sue again if Harrisburg doesn't hold up its end of the deal.

"Anytime you have people negotiate this amount of money, there's always concerns. I do believe they'll work bipartisan to achieve some kind of goal. What that goal is, we're not sure yet," he said. "We know it needs to be a very high number."

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