Libraries. Parks. Summer programming for kids. The latest phase of the legal battle between city and state over funding the Providence School Department could mean significant reductions in these and other essential city services, Mayor Brett Smiley announced at a press conference on Tuesday.

“We’re going to have no choice but to have harmful, harmful cuts,” Smiley said. “[They] are going to impact the very same children and families that the school department says that they’re trying to help.” 

City employees could face a furlough, Smiley said. New hires and discretionary spending are already on pause. Tax increases are on the table, Smiley warned. 

The announcement follows two Superior Court rulings on Friday in which Associate Justice Jeffrey A. Lanphear found the city has not contributed its fair share of funding to the public schools, which have been under state control since 2019. Now, per the court ruling, the state can withhold millions in funding to ensure that the city pays additional dollars. 

Part of the legal dispute between the city and the Rhode Island Department of Education hinges on the Crowley Act, the 2019 law that authorized the state takeover of the schools. The law requires the city to contribute money to school budgets even when they are under state control. The Rhode Island Department of Education and the Providence Public School Department maintain that the city has not met its obligations under the law. 

Last month, school superintendent Javier Montañez requested nearly $11 million in emergency funding from Mayor Smiley, threatening cuts to bus passes and winter sports if the city could not comply. The city agreed to provide $2.5 million in funding, pending an audit of the school department’s finances. 

“All of this is in the context of continued irresponsible spending from the school department,” Smiley said at a press conference. 

Providence Public Schools, however, cheered the court ruling.

“Simply put, this week’s Court ruling is a win for our kids, Providence Schools Superintendent Javier Montañez wrote in an open letter on Friday. “As your Superintendent, I’m grateful that the Court ruled in the favor of ensuring the District has access to municipal aid which will help lessen the impact of projected cuts to critical student services, programs, and staff support that would have a devastating impact on the education of Providence students.”

Reggie Cespedes speaks at a rally organized by high school students in Providence. Credit: Nina Sparling / The Public’s Radio

Following the press conference on Tuesday morning, a group of about 50 high school students walked out of the classroom, marching from the Providence Public School Department building to City Hall, where they held a rally. Student speakers expressed their discontent at how the lack of funding has had an impact on their school life already, and their fear for what future cuts might bring. 

“The only reason I go to school is to pursue my sport and to pursue my art,” said Reggie Cespedes, a senior at Classical High School. “I want a future that I can be proud of. I want a high school legacy that I can be proud of. And I’m not gonna get that with these budget cuts.”

Judge Lanphear is slated to issue a ruling on Nov. 20 that will clarify just how much money the city may have to pay into the school system. Smiley said the city’s estimate of how much it might owe ranges from $10 million to $85 million. 

The Rhode Island Department of Education and Providence Public Schools did not immediately reply to requests for comment.

Nina Sparling is a reporter with The Public's Radio's investigative team. She has written for outlets including The New York Times, The Paris Review, Vogue, Logic Magazine, and the Global Investigative...