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Home » US Law » 2022 Rhode Island General Laws » Title 16 - Education » Chapter 16-39 - Controversies in School Matters [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]

Section 16-39-1. – Appeal of matters of dispute to commissioner.

§ 16-39-1. Appeal of matters of dispute to commissioner. Parties having any matter of dispute between them arising under any law relating to schools or education may appeal to the commissioner of elementary and secondary education who, after notice to the parties interested of the time and place of hearing, shall examine and decide the […]

Section 16-39-2. – Appeal of school committee actions to commissioner.

§ 16-39-2. Appeal of school committee actions to commissioner. Any person aggrieved by any decision or doings of any school committee or in any other matter arising under any law relating to schools or education may appeal to the commissioner of elementary and secondary education who, after notice to the parties interested of the time […]

Section 16-39-3. – Appeal to state board of regents.

§ 16-39-3. Appeal to state board of regents. Any decision of the commissioner in these matters shall be subject to an appeal to and review by the board of regents for elementary and secondary education. History of Section.G.L. 1938, ch. 199, § 3; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-3.

Section 16-39-3.1. – Enforcement of final decisions.

§ 16-39-3.1. Enforcement of final decisions. All final decisions made after a hearing by the commissioner of elementary and secondary education or the board of regents for elementary and secondary education, and which are not subject to further judicial or administrative review, shall be enforceable by mandamus or any other suitable civil action in the […]

Section 16-39-3.2. – Interim protective orders.

§ 16-39-3.2. Interim protective orders. In all cases concerning children, other than cases arising solely under § 16-2-17, the commissioner of elementary and secondary education shall also have power to issue any interim orders pending a hearing as may be needed to ensure that a child receives education in accordance with applicable state and federal […]

Section 16-39-4. – Judicial review.

§ 16-39-4. Judicial review. Judicial review may be obtained by any aggrieved party as provided in chapter 35 of title 42. History of Section.P.L. 1969, ch. 43.

Section 16-39-5. – Legal remedies preserved.

§ 16-39-5. Legal remedies preserved. Nothing contained in this chapter shall be construed as to deprive any aggrieved party of any legal remedy. History of Section.G.L. 1938, ch. 199, § 5; P.L. 1951, ch. 2752, § 16; G.L. 1956, § 16-39-5.

Section 16-39-6. – Rules for appeals.

§ 16-39-6. Rules for appeals. The board of regents for elementary and secondary education may prescribe rules regulating the time and manner of taking appeals, and rules to prevent appeals for trifling and frivolous causes. History of Section.G.L. 1896, ch. 62, § 3; G.L. 1909, ch. 70, § 3; G.L. 1923, ch. 73, § 3; […]

Section 16-39-7. – Costs in matters appealable under chapter.

§ 16-39-7. Costs in matters appealable under chapter. In any civil suit before any court against any school officer for any matter which might by this chapter have been heard and decided by the board of regents for elementary and secondary education, no costs shall be taxed for the plaintiff if the court is of […]

Section 16-39-8. – Subpoena power of the department of elementary and secondary education.

§ 16-39-8. Subpoena power of the department of elementary and secondary education. In any hearing conducted within the department of elementary and secondary education, the commissioner of elementary and secondary education or the hearing officer shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents or other […]