R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 16-39-1 (2026)

Appeal of matters of dispute to commissioner

✓ current as of July 2026
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Parties having any matter of dispute between them arising under any law relating to schools or education may appeal to the commissioner of elementary and secondary education who, after notice to the parties interested of the time and place of hearing, shall examine and decide the appeal without cost to the parties involved.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1981–2026 · leading case: DOE EX REL. HIS PARENTS v. East Greenwich Sch. Dept., 899 A.2d 1258 (R.I. 2006).
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DOE EX REL. HIS PARENTS v. East Greenwich Sch. Dept., 899 A.2d 1258 (R.I. 2006). · cites it 2× “This due process hearing — which in this state is afforded by the department of education, see G.L.1956 § 16-39-1 — is the anticipated avenue that parents will travel to ensure that their child is receiving a free, appropriate public education.”
Kingston Hill Academy v. Chariho Reg'l Sch. Dist., 21 A.3d 264 (R.I. 2011). · cites it 2× “" G.L.1956 § 16-39-1. After hearing the arguments of the parties, a hearing officer issues a decision and order to the commissioner of RIDE for approval.”
D'Ambra v. North Providence Sch. Comm., 601 A.2d 1370 (R.I. 1992). “General Laws 1956 (1988 Reenactment) §§ 16-39-1 through 16-39-3.1 provide the proper avenue for relief to parties with claims arising under the laws of education.”
West Warwick Sch. Comm. v. Souliere, 626 A.2d 1280 (R.I. 1993). · cites it 2× “1956 (1988 Reenactment) § 16-39-1. The school committee contended before the commissioner that the appropriation made by the financial town meeting was insufficient to fund expenses necessary to implement the collective-bargaining agreements with the employees of the school…”
Sch. Comm. of Providence v. Bd. of Regents for Educ., 429 A.2d 1297 (R.I. 1981). “7 General Laws 1956 (1969 Reenactment) §§ 16-39-1 through 16-39-7 and the rules enacted pursuant to these sections do not expressly or impliedly limit the right of a party to choose its own legal exponent when bringing a complaint.”
Chase v. Mousseau, 448 A.2d 1221 (R.I. 1982). · cites it 2× “1956 (1969 Reenactment) §§ 16-39-1 to -7 which provide for an administrative review process of “any matter of dispute * * * arising under any law relating to schools or education” *1224 (§ 16-39-1) and “any decision or doings of any school committee” (§ 16-39-2).”
Providence Sch. Dep't v. Ana C., a Minor, 108 F.3d 1 (1st Cir. 1997). “” R.I. Gen. Laws § 16-39-1. The federal district court for the district of Rhode Island had previously noted that section 16-39-4 applies to eases involv *4 ing benefits for handicapped children under chapter 39.”
Henry v. Earhart, 553 A.2d 124 (R.I. 1989). “1956 (1981 Reenactment) §§ 16-39-1 and 16-39-2. The person must prove by clear and convincing evidence that the offense for which he or she has been convicted does not give reasonable cause to fear for the health, safety, and welfare of any child placed in his or her care.”
Beil v. Chariho Sch. Comm., 667 A.2d 1259 (R.I. 1995). · cites it 2× “G.L. § 16-39-1, regarding the adequacy of the annual budget for the 1995-1996 fiscal year, as approved by the voters of the school district at their annual financial district meeting held on March 25, 1995.”
Laura v. v. Providence Sch. Bd., 680 F. Supp. 66 (D.R.I. 1988). · cites it 2× “R.I.Gen.Laws § 16-39-1 provides that any decision of the Commissioner of Education is then subject to review by the State Board of Regents for Elementary and Secondary Education.”
Rhode Island Dep't of Elementary & Secondary Educ. v. Warwick Sch. Comm., 696 A.2d 281 (R.I. 1997). · cites it 2× “Pursuant to G.L.1956 § 16-39-1, the school committee sought a reexamination by the commissioner of the department’s opinion.”
El Bebe Day Care Ctr., Inc. v. Rhode Island Dep't of Elementary & Secondary Educ., through its chair Patricia DiCenso, in her Off. capacity only (R.I. 2026). · cites it 2× “Further, RIDE points to G.L. 1956 §§ 16-39-1 and 42-87-5(c), which, it argues, grant the ARO authority to award plaintiffs damages related to their discrimination claims.”
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