Chapter 39: Rhode Island

The smallest state in the United States, Rhode Island, became a state on May 29, 1790.² Rhode Island first adopted a state constitution in 1843.³ In Article XII of Education in the Rhode Island State Constitution there are four specific sections that articulate the provision of public school. Section 1 pronounces the requirement of the state legislative body to “promote schools:”

The next sections establish the “perpetual school fund” and communicate the use of “donations:”

Finally, Section 4 provides specific language about the “implementation” of Article XII:

It is of interest to note that in 1995 the Rhode Island Supreme Court decided on a case, the City of Pawtucket v. Sundlun, that challenged the state system of school finance. Specifically, the complaint stated that the system to finance schools violated the education and equal protection clauses of the State Constitution.⁸ In this case the highest court in the state decided in favor of the state and the wrote, “The education clause leaves all such determinations to the General Assembly’s broad discretion to adopt the means it deems ‘necessary and proper’ in complying with the constitutional directive.” What some might see as contrasting the Sundlun ruling and adding an equal protection clause to the state’s constitution, is Senate Bill S2095, “Rhode Island Right to an Adequate Education Amendment,” that was passed in the Rhode Island Senate 36-0, with 2 members not voting, in March 2022. The same amendment was passed by the RI Senate during the 2021 General Assembly; however, the House of Representatives did not vote on it during the 2021 legislative session, and the 2022 session has not concluded as of the time this chapter was written. While there is not a decision regarding this bill that could change the state’s constitution, the overwhelming support for this change may indicate change during this and/or the next legislative session. The currently drafted bill would amend Article XII of the state constitution with the additional language, “In furtherance of the duty to establish and maintain a system of free public schools, it shall be the additional duty of the general assembly and the state to guarantee an equitable, adequate and meaningful education to each child.”⁹