As a precaution, the West Warwick School Committee said this week it plans to file a lawsuit against the town soon to force officials to give the schools more money.

The lawsuit, also known as a Caruolo action, is allowed under state law. It gives school districts the option to sue their communities to get more money than they have been allocated in the municipal budget.

School officials have been grappling with a $4-million deficit since June, and have slashed $500,000 from the budget. Last month, the School Committee asked the town to pick up the remaining $3.5-million tab, and authorized its lawyer, David G. Lussier, to be prepared to file a lawsuit if necessary.

The state Department of Education also denied waivers, which would have saved money for the district.

On Tuesday, the school board reconfirmed that authorization to Lussier, who is completing the final complaint package that should be ready for filing in Superior Court next week, committee member James Williamson said.

Williamson said the school board is concerned about filing it in a timely manner.

Last May, the Cranston School Committee filed a Caruolo action against the city seeking an additional $4.5 million. A judge denied the school board’s suit because it failed to comply with statutory requirements.

“It’s a time issue as it relates to the decision from Cranston. We did our best to get educated. We don’t want to make the same mistakes. One of their issues was the timeliness of the filing,” Williamson said.

The filing is there “in case we are unsuccessful in trying to make headway with the financial problems internally with the town. … We can always withdraw it,” Williamson said. “We are going to continue to work very diligently. We will continue to work with the town and council and continue to look for avenues of relief.”

School Committee Chairwoman Lindagay Palazzo could not be reached for comment.

This is the second time in less than a year that the school board has sought a Caruolo action against the town. Last April, it sought $1.4 million in additional funds for the 2007-08 fiscal year.

They agreed to a $1.1-million settlement and conditions that included more open dialogue between both parties, that the School Committee hire a labor lawyer to negotiate contracts and the creation of a strategic task force, an ad hoc committee to represent both sides and facilitate dialogue. Councilman Peter F. Calci, who came up with the idea, said the task force has been disappointing.

According to Town Manager James H. Thomas, the settlement also included an agreement to avoid any further Caruolo action in fiscal 2009 and beyond.

“I’m disappointed the School Committee would short-circuit the settlement agreement that was signed less than one hundred days ago with Caruolo ’08. We have repeatedly asked for joint sessions with them and they have turned us down,” Thomas said. “The Town Council has not formally voted on that [requested] tax increase, and so for them to [propose] this legal action is premature and irresponsible on the part of the School Committee.”

lsparks@projo.com