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Supporters urge constitutional right to an adequate education; opponents warn of judicial budget control
Summary
Witnesses and advocates testified in favor of House Resolution 5459, a proposed constitutional amendment that would guarantee an adequate education and permit judicial enforcement; some legislators warned the clause could cede budget authority to courts in future lawsuits.
Sponsor (name not specified in the transcript) introduced House Resolution 5459, a proposed constitutional amendment to guarantee Rhode Island residents an "adequate, equitable, and meaningful" education with judicial enforcement.
Tim Duffy, executive director of the Rhode Island Association of School Committees, testified the association has promoted a constitutional amendment for roughly two decades and argued that state courts' current reliance on federal precedent prevents judges from providing remedies. "In a 5-4 ruling, they said that, it wasn't a federal right," Duffy said, referring to the U.S. Supreme Court's 1973 decision in San Antonio v. Rodriguez. He recited a string of Rhode Island cases and federal litigation, saying courts have repeatedly expressed "regret that they can't do more" because the constitutional right to education is not currently enforceable in the state.
Representing the National Education Association of Rhode Island, Eric Hasselhurst told the committee that public education is "the foundation of our democracy" and urged support for an amendment to guarantee a "quality education regardless of their race, their gender, or their zip code."
Steven Brown, executive director of the ACLU of Rhode Island, also urged approval and said the proposed amendment supplies a remedy the courts have told litigants they lack. "What is the point of a right like this without a remedy?" Brown asked.
Several testifiers stressed the amendment would be decided by voters, since an amendment requires popular ratification. League of Women Voters representative Donnie McGee said judicial enforcement would provide "accountability" and "puts backbone behind this right to an adequate and equitable education."
Opponents on the committee voiced concerns about the amendment's enforceability. Representative Newberry said his opposition stems from the possibility of later litigation that could require courts to set or limit state education budgets. "Someone's gonna file a lawsuit that's gonna end up having a judicial enforced, basically a judge controlling our state budget," Newberry said, adding that entrusting budget decisions to courts would be "an abdication of our responsibilities as elected officials."
Why it matters: The amendment would expand the state constitution and create a private right of action to seek judicial enforcement of educational adequacy; supporters say it would address funding disparities, while opponents caution about judicial involvement in fiscal decisions.
Status: The sponsor asked for committee consideration; testimony was taken from multiple stakeholders and further action was noted on the legislative calendar.
