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School board authority in Rhode Island

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Rhode Island state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Rhode Island law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

Types of legal and contractual constraints on school board authority

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

  • State laws commonly restrict or mandate school board policies on certain topics.
    • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
  • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
  • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
  • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
  • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
  • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

School board authority over district policy in Rhode Island

Enabling or authorizing statute for the boards of school districts in Rhode Island

See also: Enabling statute

Rhode Island Statute § 16-2-2 creates school district boards and gives them authority to operate according to state law.[1]

“

Except as specifically provided in this section, every city or town shall establish and maintain for at least one hundred eighty (180) days annually or the equivalent thereof, exclusive of holidays, a sufficient number of schools in convenient places under the control and management of the school committee and under the supervision of the Rhode Island Board of Education. [2]

”

Rhode Island school boards' powers and duties

Rhode Island public school boards of directors are given 27 specific duties or powers to administer the public schools in Rhode Island. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

  • To develop education policies to meet the needs of the community.
  • To establish standards for conduct in the schools and for disciplinary actions.
  • To establish policies governing curriculum, courses of instruction, and text books.

The list of powers and duties school district boards are charged with appears in 16 R.I. Gen. Laws Ann. § 16-2-9 and are as follows:[3]

“

(a) Unless the responsibility is otherwise delegated by this chapter, the entire care, control, and management of all public school interests of the several cities and towns shall be vested in the school committees of the several cities and towns. School committees shall have, in addition to those enumerated in this title, the following powers and duties:
(1) To identify educational needs in the community.
(2) To develop education policies to meet the needs of the community.
(3) To provide for and ensure the implementation of federal and state laws, the regulations of the council on elementary and secondary education, and local school policies, programs, and directives.
(4) To provide for the evaluation of the performance of the school system.
(5) To have responsibility for the care and control of local schools.
(6) To have overall policy responsibility for the employment and discipline of school department personnel.
(7) To approve a master plan defining goals and objectives of the school system. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The committee shall periodically evaluate the efforts and results of education in light of these objectives.
(8) To provide for the location, care, control, and management of school facilities and equipment.
(9) To adopt a school budget to submit to the local appropriating authority.
(10) To adopt any changes in the school budget during the course of the school year.
(11) To approve expenditures in the absence of a budget, consistent with state law.
(12) To employ a superintendent of schools and assign any compensation and other terms and conditions as the school committee and superintendent shall agree, provided that in no event shall the term of employment of the superintendent exceed three (3) years. Nothing contained in this chapter shall be construed as invalidating or impairing a contract of a school committee with a school superintendent in force on May 12, 1978.
(13) [Deleted by P.L. 2019, ch. 224, § 2 and P.L. 2019, ch. 259, § 2.]
(14) To establish minimum standards for personnel, to adopt personnel policies, and to approve a table of organization.
(15) To establish standards for the evaluation of personnel.
(16) To establish standards for conduct in the schools and for disciplinary actions.
(17) To hear appeals from disciplinary actions.
(18) To enter into contracts; provided, however, that notwithstanding any other provision of the general or public laws, whether of specific or general application, and notwithstanding the provisions of any charter of any municipality where the school committee is appointed and not elected, but not including, the Central Falls school district board of trustees established by § 16-2-34, the power and duty to enter into collective bargaining agreements shall be vested in the chief executive officer of the municipality and not in the school committee.
(19) To publish policy manuals that shall include all school committee policies.
(20) To establish policies governing curriculum, courses of instruction, and text books.
(21) To provide for transportation services that meet or exceed standards of the council on elementary and secondary education.
(22) To make any reports to the department of education as are required by the council on elementary and secondary education.
(23) To delegate, consistent with law, any responsibilities to the superintendent as the committee may deem appropriate.
(24) To address the health and wellness of students and employees.
(25) To establish a subcommittee of the school board or committee to decrease obesity and address school health and wellness policies for students and employees consistent with § 16-21-28.
(26) To annually undertake a minimum of six (6) hours of professional development as set forth and described in § 16-2-5.1.
(27) To establish policies governing the implementation of the incorporation of career and technical education programs into the kindergarten through grade twelve (K-12) curricula that include knowledge of careers and all types of employment opportunities, including, but not limited to, registered apprenticeships in accordance with chapter 45 of title 28, and emphasizing the advantages of completing school with marketable skills.
(b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee to abrogate any agreement reached by collective bargaining.
(c) The elected school committees of each city, town, or regional school district, or the chief executive officer of any municipality having an appointed school committee, shall have the power to bind their successors and successor committees by entering into contracts of employment in the exercise of their governmental functions.
(d) Notwithstanding any provisions of the general laws to the contrary, the requirement defined in subsections (d) through (f) of this section shall apply. The school committee of each school district shall be responsible for maintaining a school budget that does not result in a debt.
(e) The school committee shall, within thirty (30) days after the close of the first and second quarters of the state’s fiscal year, adopt a budget as may be necessary to enable it to operate without incurring a debt, as described in subsection (d).
(f) In the event that any obligation, encumbrance, or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the city or town council president and any other person who by local charter or statute serves as the city or town’s executive officer; the statement shall further include a statement of the school committee’s plan for corrective actions necessary to meet the requirements of subsection (d). The plan shall be approved by the auditor general and also submitted to the division of municipal finance.
(g) Notwithstanding any other provision of law, whether of general or specific application, and notwithstanding any contrary provision of any city or town charter or ordinance, the elected school committee of any city, town, and regional school district shall be, and is hereby authorized to retain, the services of independent legal counsel as it may deem necessary and convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the school committee, and in no event shall the independent counsel be deemed to be an employee of the pertinent city or town for any purpose. [2]

”

Constraints on Rhode Island school boards' authority

This section tracks constraints on school boards specific to Rhode Island as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Rhode Island school boards' authority by topic

This section features constraints on school boards authority on policies related to the following topics:

Curriculum requirements

Rhode Island requires the following specific topics to be included in each district's curriculum:[4]

  • civics,
  • physiology and hygiene,
  • alcohol and substance abuse,
  • health and physical education,
  • fire prevention,
  • voting,
  • consumer education,
  • suicide prevention,
  • CPR,
  • AIDS, sex education and abstinence,
  • genocide and human rights,
  • mathematics,
  • English/language arts,
  • science,
  • dating violence, sexual abuse and assault,
  • performing arts,
  • media literacy,
  • conservation,
  • Asian American and Native history,
  • career and technical education

Curriculum restrictions

Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

Federal law and guidance

Book bans, removals, and restrictions

Rhode Island school boards have the authority to remove books from school libraries, though state law restricts the grounds on which books can be restricted or removed. It also requires school boards to adopt library book selection policies that recognize that school libraries serve as centers for voluntary inquiry and the dissemination of information and ideas and aim to minimize what the law defines as censorship of library material. The text of state law is as follows:[6][7]

“

29-9-4. School library collection policy. (a) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and secondary education, in collaboration with the chief of library services, shall establish a model policy on the curation of library material within a school library. Each school committee shall review the model policy established pursuant to this section and approve and adopt a policy that shall at a minimum:

(1) Recognize that school libraries serve as centers for voluntary inquiry and the dissemination of information and ideas;
(2) Provide protection against censorship of library material;
(3) Provide standards for the selection and curation of library material while also recognizing that the library material should be provided for the interest, information, and enlightenment of all students and should present a wide range of points of view;
(4) Establish criteria and a procedure based on professional standards for a librarian to review and the deaccession of library material within a school library on a regular basis, which shall include, but not be limited to, the library material's relevance; the condition of the library material; the availability of duplicates; and the continued demand for the library material;
(5) Acknowledge that a certified school librarian is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally relevant library material.

(b) The model policy shall be updated as the commissioner of elementary and secondary education and chief of library services deem necessary.

(c) In the event a school district has a policy that complies with the requirements of subsection (a) of this section, the school committee shall not be required to take further action.

(d) Librarians employed at a school library shall have discretion in selecting, purchasing, or acquiring library material for inclusion in the school library, following the policy approved by the school committee. Nothing in this section shall be construed to require a librarian to purchase, or otherwise acquire a particular library material for a school library.

(e) Nothing in this section shall be construed to restrict a school committee's authority to select textbooks and school supplies related to the curriculum.

(f) Pursuant to the duties prescribed in § 16-1-5(7), the commissioner of elementary and secondary education shall establish, in collaboration with the chief of library services, a model policy creating a procedure regarding a request for reconsideration of library material within a school library. The school committee shall review the model policy established pursuant to this section and approve and adopt a policy that shall, at a minimum require:

(1) The creation of a request for reconsideration form, based on a model form developed by the commissioner of elementary and secondary education and chief of library services, that is submitted by an individual with a vested interest to the principal of the school in which the library material is challenged. The principal is required to send the form promptly to the superintendent to initiate a review of the material;
(2) An individual with a vested interest in the school library requesting that library material be reconsidered shall review the material as a whole, identity sections of the material that the individual objects, to and provide an explanation for such objections. Selective passages from the material taken out of context shall not be considered for this review;
(3) Library material that is the subject of a request for reconsideration shall not be removed from its location within the library and shall remain available to reserve, check out, or access while the material is being reviewed;
(4) The superintendent or the superintendent's designee shall appoint a review committee; consisting of:
(i) The superintendent or the superintendent's designee:
(ii) The principal of the school in which the form is submitted or the principal's designee;
(iii) A certified librarian employed at the school in which the form is submitted;
(iv) A representative of the school committee; and
(v) A grade-appropriate teacher provided the teacher selected is not the individual who submitted the form;
(5) The review committee must evaluate the reconsideration request, review the material and within thirty (30) days of receiving the reconsideration form report in writing to the individual and the school committee its decision whether to remove the library material, limit the library material, or leave the library material in place;
(6) That the individual who filed the form for reconsideration may, within thirty (30) days of the decision, appeal the review committee's decision to the school committee which shall review the committee's report and issue a final recommendation along with a written statement of reasons for:
(i) The removal, limitation, or non-removal of a library material;
(ii) Any final determination that is contrary to the recommendations of the review committee; and
(iii) The written statement of reasons shall be posted on the school committees Internet website in a prominent and easily accessible location within thirty (30) days of the determination.
(7) The review committee, when conducting a review pursuant to this section and a school committee deciding an appeal of the review committee, shall consider the following standards for review:
(i) Recognize that library material should be provided for the interest, information, and enlightenment of all students and should present diverse points of view in the collection as a whole;
(ii) Acknowledge that library material shall not be removed from a school library because of the origin, background, or views of the library material or those contributing to its creation;
(iii) Recognize the importance of school libraries as centers for voluntary inquiry and the dissemination of information and ideas;
(iv) Promote the free expression and free access to ideas by students by prohibiting the censorship of library material; and
(v) Acknowledge that a school library media specialist is professionally trained to curate and develop the school library collection that provides students with access to the widest array of developmentally appropriate library material available to schools;

(g) In the event a school committee has a policy that complies with the requirements of subsection (a) of this section, the school committee shall not be required to take further action.

(h) Any staff member of a school library, including a librarian employed by a school, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to his chapter.[2]

”

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[8][9][10]

Federal guidance


Parental notification

Ballotpedia could not identify any parental notification requirements in Rhode Island statutes, regulations, case law, or collective bargaining agreements.

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[12]

Discipline

See also: How does Rhode Island compare to other states on school board authority over disciplinary policy?

Rhode Island is one of 47 states that gives school boards authority over district disciplinary policy.

The text of RI Gen L § 16-2-9 is as follows:[13]

“

(16) To establish standards for conduct in the schools and for disciplinary actions. (17) To hear appeals from disciplinary actions. [2]

”
Federal guidance

School board elections

See also: Rules governing school board election dates and timing in Rhode Island, How does Rhode Island compare to other states on school board authority over election timing?

Rhode Island is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

Click here to read about the laws governing school board elections in Rhode Island.

Public school choice and open enrollment

See also: School choice in Rhode Island

Rhode Island state law allows school boards to implement school choice in their district, according to RI Gen L § 16-2-19. (2023):[15]

“

Whenever the school committee of any city or town shall find that it is more convenient or expedient for any child residing in the city or town to attend school in an adjoining city or town, the committee may arrange with the school authorities of the city or town for the attendance of the child at their schools, and may pay for the tuition out of the city or town appropriation for public schools. The amount paid shall be used for school purposes only. [2]

”

Charter schools

See also: Charter schools in Rhode Island, How does Rhode Island compare to other states on school board authority over charter schools?

Rhode Island is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.

However, school boards can make recommendations to the board of regents on whether or not to approve a charter application:[16]

“

The commissioner or the school committee of the district where the district charter school is to be located will each decide on whether or not to recommend the granting of the charter to the board of regents within ninety (90) days after the conclusion of the public comment period. [2]

”

Cellphone bans

See also: How does Rhode Island compare to other states on cellphone laws?

Rhode Island is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[17][18]

Rhode Island school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

For example, though school boards in Rhode Island have statutory authority to create curriculum, the collective bargaining agreement between the Cumberland Teachers' Association and the Cumberland School Committee, allows the curriculum to be selected and implemented by district curriculum committee, constraining the school board's statutory authority.[19]

“

When a new curriculum needs to be selected and implemented, a committee will be established. The committee will include the Assistant Superintendent, Curriculum Coordinators, and grade-level educators. The committee will participate in the curriculum selection process.[2]

”

Parents' bill of rights

See also: How does Rhode Island compare to other states on Parents' Bills of Rights?

Rhode Island is one of 24 states that does not have a statewide Parents' Bill of Rights.


How does Rhode Island compare to other states?

This section compares Rhode Island's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

  • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
  • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
  • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
  • Five states require school boards to establish local boards to review challenges to library books.
  • Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

  • School boards in 47 states have authority over disciplinary policy in their district.
  • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
  • Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

  • School boards in 42 states do not have authority over election timing;
  • School boards in five states can choose from limited options when to hold school board elections;
  • School boards in two states can choose from a date range when to hold school board elections;
  • The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

  • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
  • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
  • 3 states do not have laws governing charter school authorization.
  • 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[20]

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

  • 26 states have enacted a statewide Parents' Bill of Rights
  • 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development
  • Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[21]

See also

Footnotes

  1. ↑ Justia.com, "16-2-2. - City and town schools required — School year — Location — Kindergartens.," November 15, 2024
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Justia.com, "§ 16-2-9. General powers and duties of school committees," November 15, 2024
  4. ↑ Justia.com, "RI Gen L § 16-2-9. (2023)," November 15, 2024
  5. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
  6. ↑ Legiscan, "Rhode Island House Bill 5726," accessed July 9, 2025
  7. ↑ Justia.com, "§ 16-23-1. Changes in school books," November 15, 2024
  8. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
  9. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
  10. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
  11. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
  12. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
  13. ↑ Justia.com, "RI Gen L § 16-2-9. (2023)," November 15, 2024
  14. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
  15. ↑ Justia.com, "RI Gen L § 16-2-19. (2023)," November 15, 2024
  16. ↑ Justia.com, "R.I. Gen. Laws § 16-77.2-3," November 15, 2024
  17. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
  18. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
  19. ↑ Drive.Google.com, "Cumberland Teachers' Association and the Cumberland School Committee Agreement, September 1, 2024 through August 31, 2027," November 15, 2024
  20. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
  21. ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
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