trial." Carter v. Cuyler, 415 F. Supp. 852, 855 (E.D.Pa.1976).
Plaintiff has simply not come forward with specific facts sufficient to raise a genuine issue for trial as to his claim that his due process rights were violated by the diversion of educational funds from Graterford. Accordingly, summary judgment in favor of defendants is appropriate as to the due process claim.
Plaintiff's Equal Protection Claims
Summary judgment is also appropriate as to plaintiff's claim that the allocation of educational funds violated his equal protection rights. Plaintiff claims that once the state chooses to make educational funds available it must do so on an equal basis, and that the allocation system adopted by defendants results in unequal distribution of funds among the various correctional facilities. The standard applied to a claimed violation of the equal protection clause when, as here, there is no allegation of discrimination based on suspect classification or fundamental interest is whether there exists a rational basis for the classification. When a plaintiff challenges a classification created by the state, he carries the burden of showing that the classification does not rest upon any reasonable basis but is essentially arbitrary. Further, a classification having some reasonable basis does not violate the equal protection clause merely because it is "not made with mathematical nicety" or because it results in some inequality in practice. Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78-79, 31 S. Ct. 337, 340, 55 L. Ed. 369 (1911); Jamieson v. Robinson, 641 F.2d 138 (3d Cir. 1981).
Here, there is ample undisputed evidence that the allocation system utilized by defendants has a reasonable basis. The uncontradicted affidavit of Mr. Mader establishes that funds for operating the institutional school at Graterford and other correctional institutions are administered by the Department of Education in cooperation with the Bureau of Correction through an inter-agency committee and a designated field liaison agent at the institution. A tentative allocation sheet is drawn up showing anticipated state and federal funds for each institution including Title I funds, vocational education basic education funds, and vocational education guidance and counselling funds. Of all these funding sources, only Title I funds are allocated on a formula basis based on the number of eligible inmates at a particular institution. See 20 U.S.C. §§ 2701, 2781. However, it is undisputed that plaintiff does not qualify for these funds since he is over 21 years of age and they are provided only for eligible students in state institutions for neglected or delinquent children, as well as juveniles (under 21 years of age) residing in adult correctional institutions.
Aside from Title I funds, no per capita allocation is required by either federal or state law or regulation. Rather, block state grants are allocated among the correctional institutions in order to continue educational programs meeting the Commonwealth's basic goals which are, in order of priority, (1) basic education to the eighth grade level, (2) attainment of a GED, (3) vocational education diagnosis and training, (4) job placement and (5) post-secondary education. Allocation of education resources is affected by the following items: (1) space available for the education program, (2) average age and turnover rate of the institution's population, (3) basic education and vocational education program at each institution; (4) electrical power available for vocational educational programming and (5) ability to provide security. Post-secondary educational programs, the programs for which plaintiff qualifies, are of the lowest priority and have been scaled down in recent years because, inter alia, 65% of the inmates in Pennsylvania function below the eighth grade level in reading and mathematics. It is undisputed that the post-secondary programs do not aid the inmates in attaining the basic reading and mathematical skills, vocational skills and job placement which have been established for Pennsylvania State correctional institutions. Moreover, these programs have always depended upon the voluntary efforts of higher education institutions and such volunteer participation cannot be compelled.
These uncontradicted facts establish that defendant's system of allocation, while not a per capita system, has a rational basis. Block grants are allocated to the different institutions based upon legitimate factors and reasonable policy considerations, including the composition of the inmate population, prison security, physical plant limitations and the basic educational and vocational programs sponsored by each institution. Defendants have set forth, in an uncontradicted affidavit, rational factors which are considered in providing educational funds to correctional institutions. Prison authorities are typically given wide latitude in the internal administration of correctional facilities, and I see no reason in this case to usurp the function of the prison officials in assessing these factors to determine whether a particular educational program is appropriate for a given correctional facility. See Jamieson v. Robinson, 641 F.2d 138 (3d Cir. 1981). Defendants' policies and goals governing allocation of educational funds to correctional institutions are rationally based. Plaintiff has presented no evidence to indicate otherwise. The mere fact that there may be variations in educational opportunities throughout the prison system does not mean that the allocation system runs afoul of the equal protection clause.
Accordingly, I find that summary judgment is appropriate in favor of defendants as to plaintiff's claim that his equal protection rights have been violated.
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