Dear Neighbors:
I hope you had a Happy New Year. In this week’s letter, I will discuss the transition of the Providence Public Schools to local control and the Washington Bridge lawsuit.
A. The Providence Public Schools
1. The Timing of the State Takeover
The Rhode Island Department of Education (RIDE) assumed authority over the Providence Public Schools in 2019 for a term of five years. This fall, RIDE extended its term of control for up to three additional years; i.e., until the conclusion of the 2026-27 school year. RIDE issued Regulations to govern the transition to local control. The regulations call for the Commissioner to assess the progress of the takeover (i.e. the Turnaround Action Plan) and the local government’s capacity to assume responsibility.
The City of Providence believes it has achieved that capacity, and it expects to publish a plan in April to demonstrate its readiness. Last week, the City announced its plan to introduce legislation to mandate the conclusion of the State takeover on July 1 of this year.
2. The Underlying Issue of Quality Public Education (regardless of who is in charge)
While I will consider seriously the question of who should control the Providence Public Schools, for me the paramount issue remains the urgent need for those schools to provide a quality public education to all of the District’s children. The Senate Study Commission that met last year produced a report with recommendations (summarized in this Power Point presentation) for structural changes to advance this paramount need. I will be introducing legislation to implement these recommendations. City Council members Helen Anthony and Sue Anderbois will hold a community meeting on Wednesday, January 29 at 6:00 p.m. at Hope High School at which we will present the Commission’s findings and recommendations. Please consider joining us to learn about these proposals and to share your views.
B. The Washington Bridge Lawsuit
1. The Court Filings to Date
Last week, the State filed a memorandum in the Superior Court opposing the contractors’ motions to dismiss the case. You can read all of the principal filings on my Washington Bridge Lawsuit Page, which I will continue to maintain unless and until the Attorney General chooses to honor his office’s commitment, as stated in a September announcement to the press, that he will provide this information to the public on his website “imminently.” The Superior Court ordered the contractors to file reply briefs this Tuesday (January 14) to prepare the Court for a hearing on the following Tuesday (January 21).
2. The Progress of the Case
While I am not privy to the attorneys’ work on this case, its current posture (motions to dismiss) is typical. The contractors are asking the Court to test the legal sufficiency of the Complaint’s pleadings, assuming (for the purpose of these motions) that the State can prove the alleged facts. The Court will consider whether to dismiss specific claims against particular parties. Once it decides, the parties will conduct discovery (exchanging documents, interrogatories and witness depositions) concerning the claims that were not dismissed. Discovery may require a year or longer to be completed.
3. Missed Opportunities for Public Disclosure and Accountability
The parties are likely to seek the Court’s permission for a protective order that will prevent the public from viewing discovery materials. In the meantime, the Department of Transportation recently released this Snapshot Report, which in its section on “Pending Investigations and Audits” (at page 21) states “Forensic Audit (initiated by State): Ongoing,” repeating verbatim language it has used in its seven previous Snapshot Reports.