Pennsylvania’s State Supreme Court has ruled the law authorizing Duquesne high school students to be sent to neighboring districts is unconstitutional. They wrote in their opinion that the law was so narrowly constructed, applying only to the Duquesne School District, that it amounted to “special legislation” which violates the state constitution. They are remanding the matter back to Commonwealth Court. But the big question remains: what happens to these students?
During the debate to close Duquesne High School in 2007, state law was crafted which stipulated that the students’ options were constrained to districts within a three-mile radius of their home district. The end result had 160 students transfer to West Mifflin and 72 to East Allegheny. Attorneys argued at that time the law was so narrowly defined, that it would only apply to Duquesne and no other district across the state–and the Supreme Court upheld that argument three years later.
The legislators who constructed the law will attempt to come up with new language that will not run afoul of the Constitution. Here’s a better idea: vouchers. Craft a law that offers vouchers to these students so that they can attend the school of their choice. Their district has obviously failed them, so give them a chance to find one where they can achieve success. If they are happy in the new districts, let them stay. If not, give them a chance to find another opportunity. Vouchers have been successful in many places where they have been tried–usually the answer to failing schools like Duquesne–so why not give it a serious look?
