PILCOP to appeal scholarship ruling

The Public Interest Law Center of Philadelphia has 30 days to appeal the Commonwealth Court's ruling Monday in favor of the University and the city in the Mayor's Scholarship lawsuit. In a four to three vote, the seven judge panel of the Commonwealth Court voted in favor of the University and the city. The decision upheld Common Pleas Court Judge Nelson Diaz's original ruling in favor of the University and the city. PILCOP has vowed to appeal the decision to the Pennsylvania Supreme Court, according to PILCOP attorney Michael Churchill. According to an agreement signed in 1977, a set number of scholarships are to be awarded to Philadelphia residents by the University in exchange for rent-free land. PILCOP sued the University in 1991, claiming that the 1977 agreement provided for 125 scholarships per year, for a total of 500 scholarships. The University contends the total should be set at 125. Legal experts said yesterday that PILCOP must file a petition for appeal -- also know as allocatur -- to the State Supreme Court. After they file the appeal, it is up to the court to decide if they want to hear the case. Daniel McGinley, president of the Philadelphia Association of School Administrators, said he is disappointed with the court's decision, but he hopes PILCOP will appeal the verdict. "I think ultimately the decision should not be left to just this court when other means are available," he said. "A number of judges were persuaded [for the plaintiff's position], unfortunately not enough of them." Although McGinley said he is disappointed with the decision, he is pleased that the University has taken steps to improve the Mayor's Scholarship program. "What we see now is that the people who got scholarships this year aren't saddled with student loans," McGinley said. "We regret students who are currently at Penn now and are saddled with loans. Our hope is to get this thing turned around." Churchill said he is concerned that the "swing" vote in the case came from Commonwealth Court President Judge James Colins, "a person who has close ties to the University." Churchill said Colins was asked to recuse himself because of his close relationship to Mayor Ed Rendell. Colins refused to do so. College freshman Monique Martin, a Mayor's Scholarship recipient, said she would not have been able to attend the University without the scholarship. She added that she knows several people who could not attend the University because they could not afford it. College freshman Hope Smith, also a Mayor's Scholarship recipient, agreed with Martin that the funds have been helpful. "Honestly I wouldn't be here without the Mayor's Scholarship," she said. "It's paying a major part of my tuition. "I think it's a shame because many people who are smart enough and deserve this kind of education are going to forego it because the opportunity isn't there." Diaz ruled in favor of the University in February 1993, but also said the University must provide complete support for scholarship recipients.

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