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A Philadelphia judge has stated that a longtime member of the city Board of Education is not actually a “de facto” member.
On Monday, Judge Christopher Hall of the Court of Common Pleas granted an injunction to two charter schools that prohibits the school board from moving forward with a process that could lead those schools to close.
The two charter schools, People for People Charter School and KIPP North Philadelphia, have gone to court to stop that nonrenewal process. In the initial September lawsuit, People for People alleged that Joyce Wilkerson is an “illegally and unlawfully seated” board member, because she was not confirmed by the City Council in January before taking her seat on the board. The school also claims Wilkerson “corrupted” the board’s vote to start the nonrenewal process.
In the footnotes of his ruling granting the injunction, Hall wrote that Wilkerson “was not a de facto member of the Board of Education” when the board voted to start the nonrenewal process for the two schools. He also wrote that Wilkerson’s participation in several board meetings without being properly confirmed, along with her decision to be the first board member to make a motion to vote on commencing nonrenewal for the charters, likely “tainted” the board’s August vote. Seven board members voted for nonrenewal.
Hall’s comments have the potential to destabilize the city school board and could raise questions about Wilkerson’s votes since the board’s term began in 2024. They also breathe new life into a fight from Mayor Cherelle Parker’s first months in office, when some City Council members opposed Parker’s nomination of Wilkerson to serve on the board again, due to concerns that she was unfairly critical of charter schools.
In a show of political force, Parker asked Wilkerson to continue to serve on the board — without a vote by the City Council to approve Wilkerson’s appointment.
A fixture in Philadelphia education for many years and a former president of the school board, Wilkerson was appointed to the board by former mayor Jim Kenney in 2018 and confirmed by the City Council in 2020. She also served on the School Reform Commission that previously governed city public schools.
In footnotes accompanying Monday’s preliminary injunction, Hall characterized Wilkerson as the “ringleader” of the vote to start the nonrenewal process for the two charters — though multiple board members asserted she played no role in influencing their votes, according to court transcripts.
During one court hearing on Nov. 12, Hall acknowledged that “there’s a lot of political haze in the case.” But ultimately, he said the key issue is whether Wilkerson was authorized to sit as a board member and, if she wasn’t, whether her participation had any impact on other board members’ votes to issue notices of nonrenewal.
Hall’s injunction does not state how or whether he will ultimately rule on Wilkerson’s position on the board. The order does state the injunction “does not bar the board from independently acting.”
People for People’s lawyer, Mark Seiberling, said in a statement that the school was pleased with Hall’s ruling. “We look forward to Ms. Wilkerson’s replacement being nominated and confirmed,” he said.
Parker’s office did not respond to a request for comment about Hall’s Monday injunction. In the case before the Court of Common Pleas, the city submitted a brief saying that Wilkerson is a “legally proper” seated board member. It argues that Wilkerson’s position is valid because of legal precedent that has allowed officials to remain as holdovers in their positions after their term has expired until a successor replaces them.
Board of Education President Reginald Streater said in a statement Wednesday that the board’s vote to begin the process of nonrenewal for the two charters was based “on the merits of each Board Member’s independent assessment of the schools’ outcomes.”
He signaled in his statement that the judge’s focus on Wilkerson’s status on the board makes it appear that “the underlying issues” with the schools’ academic performance are “being overshadowed” by politics.
Streater also said any delay in the process for deciding whether People for People and KIPP North Philadelphia will close would impede the board’s ability to conduct public hearings and address ongoing concerns.
“Our schools, families, and children deserve resolution,” said Streater. “We remain committed to transparency and to continuing this work in the best interest of the community.”
The school district can appeal Hall’s Monday decision. The next hearing in the case is scheduled for Jan. 8.
Dispute over board member’s standing highlights charter controversies
The district and board’s process for overseeing and evaluating charters has been a point of contention for years and is currently under review. For example, the board has dealt with allegations it has been systematically unfair to charters with Black leaders. An investigation by an outside firm found the board had not shown intentional bias against Black-led charters, but did recommend that the district review its policies and pursue a more transparent process.
People for People launched the case against Wilkerson and the Board of Education in September, shortly after the board’s decision to move forward with non-renewing the school’s charter. KIPP North Philadelphia joined the case in October.
People for People’s annual charter evaluation report shows the school — which has operated for over 20 years — did not meet the district’s academic standards for student proficiency across multiple subject areas for several years.
The evaluation of KIPP North Philadelphia, which opened in 2018, shows it also had poor academic performance along with a high suspension rate.
Despite these concerns, the district’s Charter School office recommended five-year renewals, with conditions, for both schools. But board members were not convinced.
“After more than two decades in question and operation, there’s still no evidence of sustained academic success,” Streater said of People for People at its June board meeting.
Meanwhile, KIPP North Philadelphia’s high student suspension rate worried Board Vice President Sarah-Ashley Andrews: “When this many students are being removed from their classroom, something deeper is happening.”
In a Nov. 12 court hearing on the case brought by the two charter schools, lawyers for the charters questioned board members about how the non-renewal process works and whether Wilkerson had influence over their decisions.
But all of the three board members who testified — Streater, Wilkerson, and Whitney Jones — said they had not spoken to each other privately about the nonrenewal outside of public board meetings or executive sessions. “There’s no trying to compel anybody to do anything,” Streater said.
KIPP Philadelphia CEO Natalie Wiltshire told Chalkbeat on Wednesday that as the former board president, Wilkerson’s “voice carries outsize weight on that board.”
Wiltshire said board members did not reach out to her for clarifying information or to ask any questions about the school prior to their vote.
“None of these board members have stepped foot in my school,” Wiltshire said.
Carly Sitrin is the bureau chief for Chalkbeat Philadelphia. Contact Carly at csitrin@chalkbeat.org.
Rebecca Redelmeier is a reporter at Chalkbeat Philadelphia. She writes about public schools, early childhood education, and issues that affect students, families, and educators across Philadelphia. Contact Rebecca at rredelmeier@chalkbeat.org.
