Cent. Falls Sch. Dist. Bd. of Trs. v. Cent. Falls Teachers Union, C.A. No. PC 2014-6275

CENTRAL FALLS SCHOOL DISTRICT BOARD OF TRUSTEES andFRANCES GALLO, in her capacity as Superintendent of Schools, Central Falls School District v. CENTRAL FALLS TEACHERS UNION

C.A. No. PC 2014-6275

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. SUPERIOR COURT

August 28, 2015

DECISION

VAN COUYGHEN, J. This matter comes before this Court on the Central Falls School District Board of Trustees' (the Board) and Superintendent Dr. Frances Gallo's (collectively, Plaintiffs or the District) Complaint seeking declaratory relief and a permanent injunction against Defendant Central Falls Teachers Union (the Union). The Union has demanded arbitration of the present controversy pursuant to the Collective Bargaining Agreement (CBA) in effect between the parties. The Union initiated a grievance in response to the District's decision to contract with an outside company to provide an enrichment program to students at Calcutt Middle School (Calcutt) rather than hiring certified teachers. After the District denied the remedy requested in the grievance, the Union demanded arbitration. In response, the District filed the instant Complaint alleging that the subject matter of the grievance is not arbitrable. Jurisdiction is pursuant to G.L. 1956 § 8-2-13, the Uniform Declaratory Judgments Act (UDJA), G.L. 1956 §§ 9-30-1 through 9-30-16, and Super. R. Civ. P. 65. For the reasons provided herein, this Court grants declaratory judgment and a permanent injunction in Plaintiffs' favor.

IFacts and Travel

The public school system of Central Falls, Rhode Island is governed by the Board. See G.L. 1956 § 16-2-34. The Rhode Island General Assembly has vested its municipal school committees, including the Board,¹ with the "entire care, control, and management of all public school interests." Sec. 16-2-9(a). The Board is given "broad policy making authority for the operation of the school, as well as[, inter alia,] the following powers and duties: (1) To identify the educational needs of the district; [and] (2) To develop educational policies to meet the needs of students in the school district." Sec. 16-2-34(f).

The General Assembly has also charged school superintendents with "the care and supervision of the public schools" under the direction of their respective school committees. Sec. 16-2-11. Specifically, a school superintendent's duties include the duty "(1) To implement policies established by the school committee[;] (2) To recommend educational plans, policies, and programs to meet the needs of the district[; and] (3) To recommend policies governing curriculum, courses of instruction, textbooks, and transportation of students." Sec. 16-2-11(a). Additionally, the Board has given the superintendent "the power to exercise his or her discretion in [the] absence of Board policy." (Pls.' Ex. 2.)

In Central Falls, the Board, its administrators, and its teachers face numerous challenges when attempting to satisfy their mission, which is to provide education to the students of Central Falls and encourage them to become responsible citizens, effective communicators, innovative problem-solvers, and critical thinkers. See Pls.' Ex. 1, § 1.1. The Plaintiffs entered statistical data into evidence provided by Rhode Island Kids Count (Kids Count), a nonprofit organizationwhose mission is to improve children's well-being and development in Rhode Island. (Pls.' Ex. 3.) The 2014 data details the struggles faced by the District and Central Falls families.²

Dr. Gallo, who was qualified as an expert in education,³ testified as to the Kids Count statistics as well as her own experience with the struggles of Central Falls and the corresponding impacts on student education. She testified that the District faces the challenge of educating a community that is largely impoverished, urban, and academically challenged. (Tr. at 15-17, 20-21, 25.) Dr. Gallo described Central Falls as "the most impoverished city in the State of Rhode Island." (Tr. at 15.) She testified that from 2008 through 2012, the median family income in Central Falls was $29,396, while the state median was $68,326. (Tr. at 20; Pls.' Ex. 3.) She also testified that over forty percent⁴ of Central Falls children are from families with income below the federal poverty level, compared with only 18.4% of children statewide. Pls.' Ex. 3; see Tr. at 20.

In addition to poverty issues, Dr. Gallo described, based on her own experience and the Kids Count statistics, the Central Falls students face other social challenges that inhibit their ability to learn. The statistics reflect that, statewide, only seven percent of students are English language learners (ELL), but in Central Falls, twenty-seven percent of students are ELL. Id.Additionally, student mobility is high, which Dr. Gallo attributes to poverty, forcing families to relocate more frequently than families with stable incomes. (Tr. at 25; Pls.' Ex. 3.) Dr. Gallo also detailed that many students enter the Central Falls school system with no prior experience with reading books, and even those who speak English may have a limited vocabulary. (Tr. at 20-21.)

According to Dr. Gallo, these and other factors⁵ impact student academic achievement. (Tr. at 20-21.) The Kids Count statistics reflect that, in 2013, Central Falls students were well below the state average in math and reading proficiency, particularly at the eighth grade level.⁶ (Pls.' Ex. 3.) Calcutt Principal Heather Dos Santos⁷ testified that these behavioral and academic problems amplify in the seventh and eighth grade when the students are first given freedom to travel the school independently between classes. (Tr. at 191-92.)

Aware of these challenges and the resulting educational impacts, the District has implemented various programs to address the underlying social problems. Like many school districts, Central Falls offers free or reduced meals to students to ensure that students do not come to school hungry. (Tr. at 15-16.) Principal Dos Santos testified that hunger and other social struggles can interfere with student behavior and learning. (Tr. at 192-93.) Central Falls has expanded its meal program to include free breakfast, lunch, and a snack to all students regardless of demonstration of need. Free dinner is also available four nights each week to students participating in after school programs. (Tr. at 15-16, 192, 278.) The District also implemented a "parent college" in which parents may attend classes to expand their own education and gain skills. (Tr. at 16.) The District has also sought increased parent involvement with student education, such as the parent navigators program where parents of frequently absent children are called to the school to discuss the absences and the importance of the children's regular attendance.⁸ (Tr. at 25.) Dr. Gallo testified that Central Falls has recently experienced an improvement in attendance and graduation rate, giving credence to the value of this holistic approach to improving student education. (Tr. at 23-24.)⁹

Enrichment programs for the students during the summer, beyond the traditional summer school,¹⁰ have been in place for over ten years. (Tr. at 267.) Dr. Gallo testified that one of her priorities was to expand these programs to increase student engagement. (Tr. at 28-29.) AndreaSummers, the Central Falls 21st Century¹¹ Program Director and Grant Manager who was qualified as an expert in education and urban education,¹² testified regarding the importance of student engagement, explaining:

[B]efore any student or any learner engages in any—any thinking, any cognitive task, the first thing is engagement. If that person is not intrinsically motivated, it's very difficult to even get that person to engage in whatever that task is, math or whatever it is . . . [a]nd you know, as educators it's very important to create learning environments that help students to become motivated. (Tr. at 265.)

Not only were the summer enrichment programs designed to enhance student engagement, they were also voluntary so that all students, rather than just those who had failed the academic school year, could attend. (Tr. at 29.) Dr. Gallo testified that these summer programs were important because children of poverty, even those who perform well during the academic year, tend to regress over the summer when they do not remain mentally engaged. (Tr. at 29-30.) Ms. Summers testified that the hands-on learning environment of these enrichment programs helps to connect learning to the students' life experiences, which has been shown to increase student engagement. (Tr. at 266.)

The summer enrichment program is partially funded¹³ by a grant from Hasbro's Summer Learning Initiative,¹⁴ which requires that the programs be co-taught by a certified teacher and a community partner with some specialized expertise. (Tr. at 117.) Community partners have included, among others, Save the Bay, Aperion Institute for Sustainable Learning, Audubon Society of Rhode Island, and VSA Arts. (Tr. at 277.) The presence of the certified teacher is mandated by the grant.¹⁵ In addition, the presence of a certified teacher also allows for credit recovery for students who have failed a course during the academic year. (Tr. at 117.)

When seeking potential community partners for the 2013 summer enrichment program, Ms. Summers approached Dr. Gallo about the Center for Dynamic Learning (CDL), and the two agreed to utilize CDL for the summer program.¹⁶ (Tr. at 27.) CDL is a non-profit corporation that provides enrichment programing and teaches career readiness to youth.¹⁷ (Tr. at 121.) The organization utilizes science, technology, engineering, arts, mathematics, and manufacturing to encourage student engagement and is therefore labeled a STEAMM organization. (Pls.' Ex. 5, at 2.) CDL's Executive Director Elizabeth Cunha¹⁸ testified that the goal of CDL is "to getchildren to reach beyond the classroom, to want more, to be inspired, to reach for whatever it is that they personally...