Legal
Commissioner's Hearing Decisions
Under Rhode Island General Law 16-39, the Commissioner of
Education has the authority to hear and decide disputes "arising under any law
relating to schools or education." This authority includes the right to review
"any decision or doings of any school committee." Most cases reach the
commissioner by way of an appeal from the local school district. The commissioner or
his designated hearing officer conducts an administrative hearing. Witnesses testify
under oath, documentary evidence is presented, and a transcript of the hearing is
produced. The hearing officer prepares a written decision based on the law as
applied to the record compiled at the hearing. The decision is approved by the
commissioner. Further review of the decision is available through the Board of
Regents or the courts. Decisions of the commissioner become precedents that guide the
conduct of members of the educational community and help resolve future cases.
For more information, contact Tina Privitera at
tina.privitera@ride.ri.gov