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Court to decide Caruolo appeal

01:00 AM EST on Wednesday, November 8, 2006

By Mark Reynolds

Journal Staff Writer

JOHNSTON — Municipal solicitors are scheduled to face off with School Committee lawyers in Rhode Island Supreme Court today.

The high court is expected to decide on the committee’s request for an early dismissal of the solicitors’ appeal, which challenges the Superior Court’s recent interpretation of the state law that lets School Committees sue for larger budget allotments.

Municipal officials and their lawyers argue that the lower court interpreted the Caruolo Act too broadly – giving too much power to local school committees – when it ordered the municipality to allocate an extra $2.3 million in school spending last year.

The school system’s lawyers argue that there’s no point in arguing the issue now because the municipality has already “settled the matter of the 2004-2005 school budget, and therefore the matter is moot.”

That’s the basis of the schools’ motion to dismiss.

The motion, filed by Stephen M. Robinson and Vicki J. Bejma, also asserts that a Supreme Court interpretation of the Caruolo Act would be “of very little assistance to a state that almost never utilizes it.…” It notes that the General Assembly is considering reforms to the state’s school-financing system.

“This court would be squandering its precious resources if it were to take review of a problem that no longer exists and therefore should dismiss this matter,” the motion says.

The town’s lawyers assert that the schools’ use of the Caruolo Act is quite worthy of the court’s attention.

The lower court’s interpretation of the act has basically erased important checks and balances from the school-financing process, said Johnston Town Solicitor Louis A. DeSimone.

The Supreme Court’s decision is important for that reason, he said.

“It has major ramifications for every community in the state,” said the town solicitor. “All 39 cities and towns are going to be affected one way or another by the decision because every single town and city faces the same dichotomy between what the school can spend and what the town can pay for.”

Municipal lawyers acknowledge that only three Caruolo actions over the past 10 years have led to trials in Superior Court.

But they point out that the Johnston school system has filed Caruolo actions in three of the past four years.

Meanwhile, the timing of most actions, coming late in the year, long after school systems have entered into vending and purchasing agreements, leaves cities and towns with little choice but to pay the bills even when they contest the schools’ spending choices, according to Assistant Town Solicitor John M. Verdecchia.