Smiley’s move to change education law draws heat

PROVIDENCE — Mayor Brett Smiley’s attempt to change the Crowley Act, a key education law, is facing backlash from city and state leaders.

Smiley is pushing for two bills in the House, both of which would amend the 1997 law that, right now, is governing aid to the Providence Public School District while it remains under state takeover.

H 7401 would require the city to fund the district “either at the same level as in the prior academic year increased by the same percentage” or “increased by the same percentage of the state increase” to the district. That is a key change. Presently, the law requires the city to boost funding to Providence schools at the same percentage the state boosts education funding statewide. That has left the city paying more even when its schools are getting less from the state.

“Last year, for example, the state education funding went up statewide, but the funding for the district actually fell,” Smiley said during a recent House Finance hearing. “And yet, despite the fact that state aid to Providence is actually down, the expectation from [the Rhode Island Department of Education] is that we actually increase our contribution, which we believe was not actually what was intended when the Crowley Act was written.”

A second bill, H 7402, would safeguard more money for the city by stopping Education Commissioner Angélica Infante-Green from withholding funds to the city — unrelated to schools — when her department is battling with the city. (This change would apply only when a district is under a state takeover, as Providence is.)

“In the event that there’s a dispute, which we have right now in Providence, the commissioner contends that she has the ability to withhold funds — withhold funds in entirely different categories of aid appropriately voted on and allocated and distributed by the state,” Smiley said. “And it’s something that we are in court over right now.”

Smiley argues that both changes to the Crowley Act will clarify the law enough to solve current legal disputes between the city and state.

What do education leaders and the governor think?

Providence Public Schools Superintendent Javier Montañez, in written testimony, called the changes “harmful to our mission to rebuild our school system.” Under H 7402, Montañez said the district would be required to give $11 million back to the City of Providence, replacing funds Infante-Green withheld.

“This would result in irreparable harm to the students, employees, facilities and community served by the district, as well as to the quality of life in the City,” the superintendent said.

Gov. Dan McKee’s office also opposes the bills, citing active litigation involving issues raised by both.

“These bills are an attempt to shortcircuit the litigation brought by the City of Providence and would interfere with the legal process that is underway,” said state Executive Counsel Claire Richards in written testimony. “It is important to let the judicial review of these issues proceed without legislative intervention.”

The Department of Elementary and Secondary Education, the Rhode Island School Superintendents Association and childhood education advocates with Parents Leading for Educational Equity also registered their opposition to both bills. The Rhode Island Federation of Teachers and Health Professionals wrote specifically in opposition to H 7401, and the Rhode Island League of Charter Schools wrote in opposition to H 7402.

Both bills were held for further study.

“These bills are an attempt to short-circuit the litigation brought by the City of Providence and would interfere with the legal process that is underway.”

Claire Richards

State executive counsel