COLLABORATION AGREEMENT REGARDING THE PROVIDENCE PUBLIC
SCHOOL DISTRICT

THIS COLLABORATION AGREEMENT (the ?Agreement?), effective as of November
1, 2019, (the ?Effective Date?) by and among the Rhode Island Department of Elementary and
Secondary Education by and through the Commissioner of Elementary and Secondary
Education (?Commissioner?) and the City of Providence (the ?City?), by and through its Mayor
(the ?Mayor?). RIDE and the City are referred to collectively herein as (the ?Parties?).

RECITALS

WHEREAS, RIDE and the Council on Elementary and Secondary Education (the
?Council?), in accordance with applicable provisions of the Rhode Island General Laws, oversee
the delivery of elementary and secondary public education in the State of Rhode Island;

WHEREAS, the City and the Providence School Board (the ?School Board?) are
responsible for providing elementary and secondary public education to students within the
Providence Public School District 

WHEREAS, on April 23, 2019, Rhode Island?s Governor and the Mayor jointly called for
a review of PPSD, and engaged the Johns Hopkins Institute for Education Policy at the suggestion
of the Commissioner;

WHEREAS, the report of the Johns Hopkins Institute for Education Policy underscored
the need for more state intervention in the 

WHEREAS, RIDE and the City hosted nine public forums across the City to hear directly
from students, families and educators;

WHEREAS, RIDE and the City have continued to host multiple focus groups and work
sessions with community leaders, school leaders, and educators to support district efforts to student
performance;

WHEREAS, the State and the City recognize and acknowledge that State intervention in
the PPSD, in collaboration with the City, is necessary to improve student performance and to
address systemic problems that PPSD currently experiences.

WHEREAS, on or about July 23, 2019, the Council, pursuant to its powers under R.I. Gen.
Laws 16?60?6, delegated to the Commissioner the Council?s power and authority to take actions
consistent with, and in furtherance of, intervention in and support of PPSD, which would

 

include, but not be limited to, assuming control of budget, program and personnel, the
reconstitution of the Providence Public Schools and any other power (at law and in equity)
available to the Council as may be authorized by law and as may be determined to be necessary
and appropriate by the Commissioner.

WHEREAS, on August 8, 2019, the Commissioner, pursuant to her duties as
Commissioner of Education as set forth in RI Gen Laws 16-5?5 and 16?60-63 and pursuant to
those powers delegated to her by the Council on July 23 2019, including the powers of the Council
under The Paul W. Crowley Rhode Island Student Investment Initiative, R.I. Gen. Laws 16?7. 1 
5 (the ?Crowley Act?), issued a Proposal for Decision and Order Establishing Control Over PPSD
and Reconstituting Providence Public Schools (the ?Proposal for Decision and Order?);

WHEREAS, the Proposal for Decision and Order, inter alia, set forth the Commissioner?s
intention to assume control and decision?making authority over budget, program and
personnel, and schools within 

WHEREAS, on August 8, 2019, the Commissioner issued an Order to Show Cause to the
Mayor, the School Board, the Superintendent (Acting, Interim or Permanent) and the Providence
City Council (the ?City Council?) (collectively, the ?Show Cause Parties?) why the Proposal for
Decision and Order should not be entered as a final decision and order;

WHEREAS, in response to the Order to Show Cause, the Show Cause Parties submitted
separate Notices of Non-Opposition which expressed an interest in working collaboratively with
the Commissioner and/ or the State Turnaround Superintendent to achieve the goals of the
Turnaround Plan, and agreed to the Proposed Order with the expectation of entering into a formal
Collaboration Agreement with the Commissioner that will detail the respective roles and functions
of the City and the State under the Order, and with the expectation that a broad variety of
stakeholders, including the Mayor, the School Board, school leaders, educators, students, parents,
families, city leaders and community leaders, will provide substantive input into the development
and implementation of the Turnaround Plan;

WHEREAS, prior to October 15, 2019, certain provisions of the Providence City Charter
and certain Providence City Ordinances applied to aspects of budget, program and
personnel;

WHEREAS, notwithstanding the provisions of the City Charter, the City Ordinances and
any other sources of law, the Crowley Act authorizes RIDE to exercise control over 
budget, program and personnel, and RIDE may in its discretion, do so in collaboration with the
City, and it is Commissioner?s intention to do so, as well as with various community stakeholders;

WHEREAS, on or about October 15, 2019, a Final Decision Establishing Control over
PPSD and Reconstituting Providence Public Schools was issued and a Final Order of Control and
Reconstitution (the ?Order?) was entered;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties covenant and agree to the following terms during the period of assumption of
control over PP budget, program and personnel:

TERMS

I. Operation of PPSD under the Crowley Act.

A. Intervention in PPSD

As set forth in the October 15, 2019 Order and consistent with the Crowley Act, RIDE has
assumed full managerial and operational control and responsibility over budget, program
and personnel. RIDE, through the Commissioner and the City, through its Mayor hereby agree to
collaborate in exercise of control over budget, program and personnel, and its
schools.

B. The Turnaround Plan Development

As set forth in the Order, the State Turnaround Superintendent and/or other designee(s)
shall be responsible for developing and implementing the Turnaround Plan for PPSD with the
Commissioner. The State Turnaround Superintendent and] or other designee(s) shall consult with
the City?s appropriate bodies to develop a Turnaround Plan. To that end, before, during, and after
the development of such a Turnaround Plan, the State Turnaround Superintendent and/or other
designee(s) shall engage, be accessible, and be responsive to students, parents, families, educators
and the public broadly. This engagement may include, but not be limited to, public forums and
current existing structures such as parent organizations and community advisory boards, as well
as any new unde?ned structures at the discretion of the State Turnaround Superintendent and/ or
other designee(s) and the Commissioner.

As further set forth in the Order, the process of developing a Turnaround Plan shall also
include an opportunity for public engagement for the purpose of soliciting recommendations for
the content and ultimate goals of the Turnaround Plan from a broad variety of stakeholders,
including, but not limited to, the City Council, the Mayor, the School Board, school leaders,
educators, students, parents, families, and community members. Approval of the Turnaround Plan
shall occur after this opportunity for public engagement.

As requested by the Mayor and the community, and as subsequently set forth in the ?nal
Order, the Turnaround Plan shall take into account the issues that youth and families identify, and

 

will include, among other things, the following: provisions, policies, and practices to ensure
transparency in the implementation of the Turnaround Plan, (ii) respect, recognition, and value for
the diverse communities served by PPSD, provisions to afford students and parents sufficient
opportunity to measure the progress of the Turnaround Plan; and (iv) provisions to afford relevant
stakeholders, including students and parents, sufficient mechanisms to express their opinion on
material decisions.

C. Reporting Requirements

RIDE, the Commissioner, and the Turnaround Superintendent are ultimately responsible for
meeting the goals, objectives, timelines and other metrics in the Turnaround Plan, and they shall
provide periodic comprehensive reports to the City and PP SD regarding the implementation of the
Turnaround Plan, the operation and management of PPSD, and outcomes achieved.

The Commissioner shall provide an annual report to the Mayor, the School Board, the City
Council and the public on the implementation of the Turnaround Plan and its progress.

The Commissioner shall establish working groups that ensure the close coordination of school
decisions with impacted public works, public property and planning functions within the City.

D. Commitment to an Effective Governance Transition

All Parties agree to cooperatively support the transition of authority of budget,
program and personnel from the City to RIDE and to support the appropriate transition of services
without interruption to students and families.

II. Facilities

The City shall maintain ownership of PPSD buildings, their associated facilities funds and
facilities plan. Without waiving any rights of the Parties under the Crowley Act or the Order, the
City?s construction program management shall continue to be the sole responsibility of the
Providence Department of Public Property through the City?s five?year School Capital Plan
as approved by RIDE, until the Commissioner determines otherwise, after having ?rst
provided notice in writing to the City and an opportunity for the City to respond to the
Commissioner?s concerns.

RIDE and the City shall work collaboratively to provide reasonable timelines for the
implementation of the City?s SCP, and if possible, allow the City to accelerate receipt of RIDE
approved facility related improvement funds.

In the event that implementation of the Turnaround Plan requires modi?cations to the
City? SCP as currently approved by RIDE, the Commissioner or her designee shall provide proper
notice to and seek the advice of the City, and the State Turnaround Superintendent shall be

4

responsible for obtaining any necessary approvals from RIDE. RIDE shall not make changes to
SCP projects already bonded for by the City and shall make modifications in accordance with
capital planning and debt service schedules as established by the City. However, the City shall
consult and cooperate with the Commissioner or her designee(s) before seeking any additional
bonds for SCP projects.

The Mayor and the Turnaround Superintendent shall consult with each other on all
decisions relating to the delay, cancellation or early dismissal of PPSD schools due to inclement
weather or any other emergency.

The City?s Department of Public Property and/or the School Board, as applicable, will
continue to be the responsible department for the execution of PPSD facilities preventive
maintenance program, until the Commissioner determines otherwise, after having ?rst provided
notice in writing to the City and an opportunity for the City to respond to the Commissioner?s
concerns.

The City shall demonstrate the applicable maintenance expenditure required by R.I. Gen.
Laws ?l6?7-23 for each ?scal year throughout the entire period of intervention.

Finances and Controls

The City recognizes and agrees that in the exercise of her powers over the school and/or
district budget under the Crowley Act, the Commissioner and/or the State Turnaround
Superintendent shall have the sole responsibility over budget development and allocation
decisions.

Without waiving any rights of the Parties under the Crowley Act or the Order, the Parties
agree that administration of the following shall remain a responsibility of the City, and shall
continue to remain a responsibility of the City until the Commissioner determines otherwise, after
having ?rst provided notice in writing to the City and an opportunity for the City to respond to the
Commissioner?s concerns:

a) The issuance, ?ling and maintenance of all 1099, 941, and W3 tax forms and the
issuance, ?ling and maintenance of all other necessary tax forms and return documents.
All employee bene?ts (including health, dental, pension (non?certi?ed), and life insurance
bene?ts).

b) All payroll functions for all School Department employees.

0) All School Department banking responsibilities bank reconciliations, management of
signatories on School Department accounts, administration of cash balances between funds
and accounts, recording necessary entries and administration of ACH payments for payroll
deductions).

 

During the period of intervention, the Commissioner and/or the State Turnaround
Superintendent shall be responsible for managing the PPSD budget so as not to spend more than
the budgeted amount. The City shall not be legally responsible for any year-end de?cits in the
PPSD budget.

Pursuant to the Crowley Act, during the period of intervention, the School Board
shall be responsible for funding PPSD at the same level as in the prior academic year increased by
the same percentage as the state total of school aid is increased. During the period of 
intervention any funds that PPSD receives by way of fundraising or other philanthropy shall not
count in calculating the previous year?s funding level.

IV. Legal Services

Without waiving any rights of the Parties under the Crowley Act or the Order, the Parties
agree that legal services will continue to be provided to PPSD and funded in the same manner as
they were provided to PPSD and ?inded prior to November 1, 2019. The attorneys performing
these legal services, while remaining employees of the City Law Department until the
Commissioner determines otherwise and provides notice in writing to the Parties, will be on special
assignment representing the Commissioner and RIDE with respect to all their powers and
authorities under the Crowley Act as it pertains to the PPSD and its schools, and thus these
attorneys will owe the Commissioner and her agents a duty of confidentiality and all other ethical
duties stemming from the attorney?client relationship.

V. Contracts

During the period of intervention, RIDE shall exercise control over the negotiation
and enforcement of all contracts relating to the budget, program, andfor personnel of PPSD and its
schools. The Commissioner and Turnaround Superintendent shall seek the advice of the Mayor
with respect to all material changes to union contracts.

All contracts negotiated by RIDE during the period of intervention shall include
an assignment clause permitting RIDE to assign the contract to the City and those contracts shall
be deemed assigned to the City by RIDE after control of PPSD is returned to the City unless such
assignment is expressly rejected by the City within 30 days after control of PPSD is returned to
the City.

VI. Equitable Indemnification

This Agreement is without prejudice to either Party seeking equitable indemnification against
each other.

VII. Additional Terms

A. Further Assurances. Each Party agrees to take all reasonable steps necessary to
effectuate the terms of this Agreement.

B. Severability. If any provision of the Agreement or the application thereof is held
invalid by a court, arbitrator, or government agency of competent jurisdiction, the
Parties agree that such a determination of invalidity shall not affect other provisions or
applications of the Agreement which can be given effect without the invalid provisions
and thus shall remain in full force and effect or application.

C. Neutral Interpretation and Counterparts. The Parties shall be deemed to have
cooperated in the drafting and preparation of this Agreement. Hence, any construction
to be made of this Agreement shall not be construed against any Party. This Agreement
may be executed in counterparts and each executed counterpart shall be effective as the
original. All faxed, emailed, or electronic signatures af?rming this Agreement
constitute an original signature.

D. Amendments. The Agreement may be amended from time to time hereinafter only in
writing and executed by the Parties.

E. Review. The Parties agree to an annual review process of the Agreement to identify
issues that need to be addressed and determine whether amendments need to be made
to the Agreement.

[Signatures Appear on Next Page]

 

IN WITNESS WHEREOF, the Parties hereto evidence their agreement as a sealed
instrument and have executed the Agreement as of the Effective Date.

RHODE ISLAND DEPARTMENT OF EDUCATION

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By; CAMW

An g?lioa M. Infiinte? Green
Commissioner

 

CITY OF ..

  
    

 

 

We Jorge O. Elorza,
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