Gov proposes eliminating school funding redress

In a well-reported speech last night, Gov. Carcieri outlined his plan to close the state budget deficit by slashing, among other things, state funding to both towns and schools, including a buried provision which eliminates the right of schools seek redress in Superior Court for cuts which put them in deficit. You can read the text of the proposed legislation.

Of particular interest is page 84, line 9 and infra:

(d) Notwithstanding any provision of general or public laws to the contrary, for any reductions after January 1, 2009 when a category of state aid to education or general revenue sharing is reduced or suspended to any local school district or municipal government, the provisions of subsections 16-2-21.4(a), 16-2-21.4(b), 16-2-21.4(c) shall be suspended for the fiscal year in which the reduction or suspension of any aid is implemented. The Governor shall convene a three (3) member panel to create a remedy, or a municipality or school committee may petition the Governor to convene a three (3) member panel, if there is a reduction in state aid in the enacted budget. The three (3) member panel shall act as binding arbitrators and shall consist of the commissioner of education or his/her designee, the director of revenue or his/her designee, and the auditor general or his/her designee. The panel shall select a chairperson. A corrective action plan shall be developed by the panel within sixty (60) days of convening. The plan may include the suspension of any contracts or non-contractual provisions to the extent that state aid has been reduced and to the extent legally permissible. Should the suggested alterations to the terms of the contract not be permissible until the expiration of the bargaining agreement, such alterations and terms should be considered in upcoming contractual negotiations. The corrective action plan must be monitored and enforced by the department of education.

Unless I'm reading it wrong, this is aimed squarely at gutting the so-called Caruolo Act RIGL 16-2-21.4, which provides the mechanism for schools to seek adequate funding.

And no, replacing a trial where the rules of evidence apply with a three-member panel appointed by the Governor does not, IMHO, preserve the intent of the legislature.