Lawyers for the school districts that sued have said they will return to court to ask a judge to compel Shapiro and lawmakers to better close the funding gap among districts across the state if a distribution plan isn’t put into place with a reasonable timeframe.

The lawyers analyzed the spending of districts that perform well based on Pennsylvania’s goals and compared that to what the state estimates those districts’ needs are, determining how much every school district should have in order to mirror that same success. On average, school districts are short $2,500 per student, they said.

Their proposal calls on the state to develop a system that finds how much funding is needed to reach the state’s adequacy goals, determine how much funding is missing from each district, and allocate the funds in a consistent, predictable manner beginning in the 2024-25 year. The state should not rely on local tax dollars to fill the gap, they said. It should also consider facilities and pre-K funding.

“The court decision in early 2023 changed the game,” said Susan Spicka, executive director of Education Voters of Pennsylvania. “Lawmakers and the governor can no longer base school funding levels on how much they feel like investing each year as they have in the past. There is a new standard that they must meet, which is ensuring universal access to a comprehensive, effective and contemporary education.”

Public school advocates are likelier to find more support for their plan from the Democratic-controlled House than the Republican-controlled Senate. The majority of state senators are resistant to spending billions of new dollars on public schools and instead have pushed to send more state money to subsidize private schools.

Additionally, while Shapiro made significant investments in public education in his first budget cycle, it did not go as far as public education advocates and other Democrats were hoping.

“Our governor has touted the extraordinary work of the Commonwealth and the city of Philadelphia to repair I-95 in less than two weeks, and we urge that that same resolve and ambition be adopted by the governor and all parties in stopping the school funding lawsuit,” said Donna Cooper, executive director of Children First.