The RI Center for Freedom & Prosperity today announced it will hold its annual freedom banquet this November, resuming the event after a three-year hiatus due to the pandemic.

Center Resumes its Annual Fundraising Luncheon after Three-Year Hiatus

Keynote Speaker: National Pundit, Guy Benson

 

Cranston, RI – The RI Center for Freedom & Prosperity today announced it will hold its annual freedom banquet this November, resuming the event after a three-year hiatus due to the pandemic.

The 2023 Daniel S Harrop Freedom Banquet, presented by Americans For Prosperity (AFP), is a fundraising luncheon that will be held on Friday November 3 at the Crowne Plaza Hotel in Warwick. The event is named after the Center’s founding chairman, Dr. Daniel Harrop, who unexpectedly passed away last fall.

The keynote speaker, Guy Benson, is Political Editor of Townhall.com, a Fox News Contributor, and host of the nationally syndicated “Guy Benson Show” on Fox News Radio. The event will be emceed by Mike Stenhouse, CEO of the Center, who will share anecdotes from his Boston Red Sox playing days.

“Our freedom luncheon is our state’s premiere event for Rhode Islanders who support limited government, enjoy free market capitalism, and revere the constitutional liberties guaranteed to all Americans,” commented Stenhouse.

Over 300 guests are expected. The Middendorf Pillar of Freedom Award will also be presented to this year’s honoree by Dr. Stephen Skoly, the Center’s Chairman.

“We are happy to partner with the RI Center for Freedom & Prosperity to present this year’s annual banquet as an opportunity for like-minded individuals to gather on the principles that unite us,” said Americans For Prosperity Northeast Director, Ross Connolly. “We at AFP are dedicated to advancing our shared goals of economic freedom and individual prosperity for all Americans and to reignite the American Dream in Rhode Island.”

Tables of eight can be sponsored with a donation of $1200, while individual seats can be reserved with a $175 gift. More information, as well as online registration for all guests and table sponsors, can be accessed at RIFreedom.org/Banquet

Mike Stenhouse, CEO of the RI Center for Freedom & Prosperity, today submitted testimony to the RI House Committee on Education in support of House bill H5498, which will be heard today in committee at 4:00PM in Room 101 at the State House.

Stenhouse submits testimony in support of (H5498) to repeal RIDE’s curricula mandate powers

Stenhouse Testimony Includes Remarks from Over 100 Citizens
H5498 Would Repeal RIDE’s Curricula Mandate Powers

Providence, RI – Mike Stenhouse, CEO of the RI Center for Freedom & Prosperity, today submitted testimony to the RI House Committee on Education in support of House bill H5498, which will be heard today in committee at 4:00PM in Room 101 at the State House.

The legislation would repeal the 2019 law that empowered the RI Department of Education to mandate standardized curricula to every school district and public school student in the state.

“It is the view of many parents in our state, and mine, that RIDE and its Commissioner, Angelica Infante-Green, have proven to be wholly ineffective, irresponsible, and unworthy of the authority granted to it by state lawmakers in 2019,” said Stenhouse. “RIDE continually infuses controversial political theories and age-inappropriate content into K-12 curricula … advancing political agendas instead of academic achievement … and to infringe on parental rights and on the authority of locally-elected school committee members. It’s clear that it’s time to reverse course.”

Stenhouse’s testimony, which can be accessed here, includes the personal remarks of over 100 citizens who submitted written testimony to the committee via email via an online tool provided by the Center. In just the past three days, over 125 Rhode Islanders utilized the tool to submit written testimony “for” H5498, while over 250 people had previously signed on online petition in support of the legislation.

As an example of RIDE’s politicized approach to education, the Center published a 54-page report in February, titled, “Taken for a RIDE; How Rhode Island’s Social Studies Standards Shortchange Students.” The report highlighted RIDE’s historically inaccurate and divisive social studies standards, which were rubber-stamped by the Board of Education. The report also made an argument for substantially modifying or entirely replacing the Standards with a more historically accurate and widely acceptable set of standards.

Bi-partisan companion legislation (S0187) has also been submitted in the RI Senate, although a hearing date has not yet been set.

RIDE

CEO Stenhouse Testimony In Support of H5498

Excerpt from CEO Mike Stenhouse’s testimony: “In my view, RIDE and its Commissioner, Angelica Infante-Green, have proven to be wholly ineffective, irresponsible, and unworthy of the authority granted to it by state lawmakers. RIDE has continually sought to infuse agenda-driven and controversial political theories into K-12 curricula … and to infringe on parental rights and on the authority of locally-elected school committee members.

RIDE should develop and recommend curricula standards, but they should not be able to mandate, force, or coerce local school districts to adopt them.”

The RI General Assembly made the major mistake of passing legislation that empowered RIDE to develop curricula for various subjects.

New Report Blasts Social Studies Standards Proposed by RI Department of Education

How Rhode Island’s Social Studies Standards Teach Radical Activism Instead of America’s Birthright of Liberty

Providence, RI – The Rhode Island Center for Freedom & Prosperity, in partnership with the Civics Alliance, today released a report entitled, “Taken For a RIDE”, which presents a detailed critique of Rhode Island’s Social Studies Standards (Standards) as proposed this past December by the RI Department of Education (RIDE).

The 54-page report, subtitled, “How Rhode Island’s Social Studies Standards Shortchange Students,” documents in detail how Rhode Island’s educational establishment plans to systematically “teach students to hate their country, its history, and its ideals, and to know only distorted tatters of the history of the world,” while also making an argument for substantially modifying or entirely replacing the Standards with a more historically accurate and widely acceptable set of standards.

“The Standards is neither by the people of Rhode Island, nor of the people of Rhode Island—but it nevertheless will be imposed on the people of Rhode Island.”

Released just one day after the Center exposed how RIDE is also pushing an age-inappropriate and over-sexualized K-12 student health curricula, “these incompetent and misguided social studies standards are further evidence that RIDE has proven itself wholly irresponsible and unworthy of the authority granted to it by the General Assembly in 2019,” said the Center’s CEO, Mike Stenhouse. “Lawmakers must repeal that statute, which has been grossly exploited by commissioner Angelica Infante-Greene and her staff.”

The well-documented report, which can be viewed at RIFreedom.org/RIDE, includes dozens of source footnotes, appendices, and links to source documents.

Taken For a RIDE contends that the Standards being proposed to establish Social Studies curriculum for all K-12 public schools in RI improperly de-emphasize historical truths about the founding and development of our country and emphasize instead radical, negative aspects of our history, which could result in students having an incomplete and distorted perception of the United States.

“In the long run, of course, Rhode Island will suffer most because its children will have been educated to hate their country. But the Standards will be quite effective in the short run in degrading every aspect of Rhode Island’s K-12 social studies instruction.”

The report is critical of the content, methodology, and process used by RIDE to create the proposed curriculum guidelines, stating “they have produced a document that is bloated, vague, riddled with errors, distortions, and absences” without the legally required public comment or legislative review.

“Rhode Island’s citizens deserve excellent social studies standards,” said David Randall, report author and Executive Director of the Civics Alliance. “Rhode Island citizens and policymakers should work at once to make all the statutory and administrative changes necessary to make sure that RIDE crafts proper social studies standards for their children – standards that educate Rhode Island’s children to know and to love their American birthright of liberty.”

Alternately, Randall and the Rhode Island Center for Freedom & Prosperity advise that an already established set of curriculum guidelines created and vetted by the Civics Alliance and the National Association of Scholars – American Birthright – should be used as the basis for Social Studies curricula in Rhode Island.

Stenhouse calls upon state legislators to repeal the 2019 law; upon school districts to reject the Standards; and for Rhode Island citizens to insist that RIDE overhaul the guidelines in compliance with the legislation that mandates how the process must be done, including a proper period for public review and comment, before it’s too late.

“Rhode Island parents are encouraged to pressure their local school districts to find a legal way to reject RIDE’s bogus social studies standards and, instead, adopt the well-balanced and historically accurate American Birthright standards, which will appeal to a broad majority of parents and Americans,” concluded Stenhouse.

Joint Publication: The Rhode Island Center for Freedom & Prosperity and the Civics Alliance have issued this report jointly. The Rhode Island Center for Freedom and Prosperity, which is a member of the American Birthright coalition, works to forward the best public policy within the state of Rhode Island. The Civics Alliance works to improve K-12 social studies education nationwide, especially along the model of American Birthright: The Civics’ Alliance’s Model K-12 Social Studies Standards. The two organizations have joined together to produce this report, both to improve social studies standards in Rhode Island and as part of a larger campaign to improve American K-12 social studies education.

Author Biography: David Randall is Director of Research at the National Association of Scholars and Executive Director of the Civics Alliance. He served as Publication Coordinator for American Birthright: The Civics Alliance’s Model K-12 Social Studies Standards (2022). His academic publications include The Concept of Conversation: From Cicero’s Sermo to the Grand Siècle’s Conversation (2018) and The Conversational Enlightenment: The Reconception of Rhetoric in Eighteenth-Century Thought (2019).

Center To Attend Regional Summit on Approaches to Educating the Public and Holding State Government Accountable

Center to Attend Regional Summit on Approaches to Educating the Public and Holding State Government Accountable Hosted by MassFiscal

Press Conference with Other New England States Scheduled for Tuesday

BOSTON – On Tuesday, January 17, the Massachusetts Fiscal Alliance will host an in person press conference in Boston with Paul Craney of the Massachusetts Fiscal Alliance, Dan Winslow of the New England Legal Foundation, Greg Moore of Americans for Prosperity in New Hampshire, Drew Cline of the Josiah Bartlett Center, Nick Murray of Maine Heritage Policy, Rob Roper and Meg Hanson of the Ethan Allen Institute in Vermont, Mike Stenhouse of Rhode Island Center for Freedom and Prosperity, and Bryce Chinault of the Yankee Institute in Connecticut. Although each of the New England states are very different, the non-partisan organizations are coming together to discuss what unites them, and how they can work together
to advocate for their members and the public.

“After successfully defeating the TCI Gas Tax, which, like the covid vaccine and mask mandates, was a destructive prescription for an over-hyped problem, our regional coalition is set to take on the next agenda-driven, government-contrived, and media-advanced false narrative,” said Mike Stenhouse, CEO of the Rhode Island Center for Freedom & Prosperity. “In Rhode Island, expanding natural gas pipeline capacity, and decoupling our state from RGGI and from California’s coslty and harsh CARB regulations are our Center’s number one energy-related priorities.”

The press conference will begin on Tuesday, January 17 at 11:30 a.m. at a location on Beacon Hill. If you wish to attend, please email pfgangi@massfiscal.org and the location will be provided.

The MassFiscal Alliance advocates for fiscal responsibility, transparency, and accountability in state government and increased economic opportunity for the people of the Commonwealth.

The Rhode Island Center for Freedom & Prosperity has joined with over 130 organizations across the United States in support of the SAVE Title IX national movement to protest new and unpopular mandates on K-12 schools and colleges.

SAVE TITLE IX: Center Joins National Movement to Protest Biden’s Proposed Rule Changes

Center Joins 130+ Orgs Across America to SAVE Title IX
National movement protests Biden administration’s attempt to re-write federal regulations to punish schools and people that do not affirmatively further transgender ideologies

Cranston, RI – The Rhode Island Center for Freedom & Prosperity has joined with over 130 organizations across the United States in support of the SAVE Title IX national movement to protest new and unpopular mandates on K-12 schools and colleges.

“The Biden Administration’s Proposed Title IX Rule Undermines the Rights of Parents,” said Mike Stenhouse, CEO for the Center. “The Biden Education Department is rewriting federal regulations to require any school that receives federal funds to affirm a child’s gender identity without the approval or knowledge of his or her parents. We believe that parents, not school officials, have the right to teach their children about issues of sex and gender identity.”

For parents and citizens who agree, there is an easy way to make your voices heard by sending an official comment to the US Department of Education; the link to this simple “Title IX Comment Form” can be accessed at the Center’s Action Center, (click here).

The Biden Administration’s Department of Education released on June 23, 2022, their new Title IX regulations which expand its long-standing definition of sex to include “gender identity,” making obsolete the gains made during the Trump Administration.

“The new Title IX policy proposes to expand the biological definition of “sex” to also include “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, said Edward Bartlett, founder of the national SAVE organization, which is leading the national movement. “The proposed Biden Title IX plan also violates many provisions found in state-level campus due process laws.”

PROGRAMMING NOTE: Ed Bartlett was the featured guest Wednesday, July 27, on the video podcast, #InTheDugout with Mike Stenhouse; and can be viewed here on The Ocean State Current website.

A rally will be held in Washington, DC on August 11 to highlight these concerns, and to call on the Department of Education to not move forward with its Title IX proposal.

According to SAVE, there are 6 major areas where the proposed new rules would violate rights or moral norms:

  1. Parental Rights: If the definition of sex is expanded to include “gender identity,” parents may lose their right to restrict the exposure of young children to age-inappropriate discussions of sexual practices. Worse, children could be gender “transitioned” and assigned a new name without their parents’ knowledge or consent.
  2. Due Process: Many colleges have failed to abide by the Fourteenth Amendment, which promises due process protections for all. The new Title IX regulation seeks to remove key due process protections for persons, especially male students, accused of violating campus sexual misconduct policies.
  3. Free Speech: A recent survey of 481 colleges reported only 12% received a “green-light” rating. The draft Title IX regulation expands the definition of sexual harassment, which will serve to curtail campus speech about controversial topics. And once the legal definition of “sex” is expanded to include gender identity, students can demand that persons call them by their preferred pronouns. But mandated speech is not free speech. In a recent Wisconsin case, a 13-year-old boy refused to use a fellow student’s preferred “they” and “them” pronouns, resulting in a Title IX complaint against him.
  4. Women’s Sports: Transgenders enjoy numerous physical advantages over biological females. This contradicts the whole purpose of Title IX, which is to assure fairness for all students regardless of sex. For example, transgender Lia Thomas set new school and program records after competing on the women’s UPenn swim team.
  5. Bathrooms and Locker Room Privacy: In August 2021, Loudon County, VA approved a new policy on Rights of Transgender and Gender-Expansive Students. During the following three months, a student committed a sexual assault in a girl’s bathroom, high schoolers staged a walk-out to protest the schools’ handling of the incident, and the case became a focus of heated debate during the race for governor. No more safe spaces for children. Their rights being denied and not protected.
  6. Gender Experimentation: The vast majority of children who struggle with their sex come to accept their biological sex by adulthood. Boys and girls need to be supported, not encouraged to question fundamental facts of their biology. Encouraging young children to question their own biology represents a radical experiment in gender engineering.
The RI Center for Freedom & Prosperity has joined the The Civics Alliance, a national coalition of organizations and individuals dedicated to improving America’s civics education: The Civics Alliance’s model K-12 social studies standards, American Birthright, was launched yesterday, one week before July 4, to honor Independence Day.

Center Joins National Civics Alliance to Inspire Reform at State Education Departments

In Honor of July 4 Independence Day and the Upcoming 250th Anniversary of America’s Birthright of Freedom

Cranston, RI – The RI Center for Freedom & Prosperity has joined the The Civics Alliance, a national coalition of organizations and individuals dedicated to improving America’s civics education: The Civics Alliance’s model K-12 social studies standards, American Birthright, was launched yesterday, one week before July 4, to honor Independence Day.

The Civics Alliance wants to inspire America’s state education leaders to provide social studies standards that teach American students their birthright of liberty.

Per Civics Alliance Executive Director David Randall, “Every American student should be educated to be another Harry Truman—a high-school graduate who, without ever graduating from college, has a solid grasp of history and is capable of serving as an officer, a judge, a senator, and president.”

“Here in Rhode Island, our state department of education (RIDE), empowered by enabling legislation in 2019, is forcing local school districts to adopt social studies standards that combine misguided pedagogical theory, low academic standards, and anti-American teachings,” commented Mike Stenhouse, CEO for the Center. “Conversely, American Birthright is an equal opportunity program in that both disadvantaged and better-off students will be exposed to diverse and intensive content standards that fulfill America’s promise of equal educational opportunities for everyone.”

PROGRAMMING NOTE: David Randall will be the featured guest this Thursday, June 30, at 4:00PM EST for an in depth interview on the video podcast, #InTheDugout with Mike Stenhouse and can be viewed at OceanStateCurrent.com/AmericanBirthright.

Too many Americans emerge from our schools ignorant of America’s history, indifferent to liberty, and estranged from their country. We must restore American social studies instruction centered on liberty if we are to restore the American republic to good health.

“Americans of all parties want to take back their schools,” Randall explained. “The Civics Alliance wrote American Birthright to equip governors, state legislators, school boards, and grassroots activists for that fight. Every American needs to know what a proper social studies instruction should be.”

The Civics Alliance crafted American Birthright to teach America’s foundational history of liberty. American Birthright provides the comprehensive content knowledge in history, geography, civics, and economics that schools should teach in each grade from pre-kindergarten through high school, and teaches students to identify the ideals, institutions, and individual examples of human liberty, individualism, religious freedom, and republican self-government; assess the extent to which civilizations have fulfilled these ideals; and describe how the evolution of these ideals in different times and places has contributed to the formation of modern American ideals.

Above all, American Birthright teaches about the expansion of American liberty to include all Americans, the contributions that Americans from every walk of life have made to our shared history of liberty, and America’s championship of liberty throughout the world. Students will learn of heroes of liberty such as Abraham Lincoln, Susan B. Anthony, Martin Luther King, Jr., and Ronald Reagan.

American Birthright adapts material from several sources that did a particularly good job of providing structure and content for social studies instruction. The largest source of American Birthright is the 2003 Massachusetts History and Social Sciences Curriculum Framework.

A distinguished panel of Expert Consultants worked on American Birthright; and the American Birthright coalition includes a large number of organizations and individuals, including many state policymakers. (See Who We Are.) The policymakers who have joined the American Birthright coalition include Lieutenant Governor Mark Robinson of North Carolina, Senator Rob Sampson of Connecticut (Assistant Minority Leader), Representative Don Jones of Ohio (Majority Whip), and Representative Garry R. Smith of South Carolina (Chairman, House Operations and Management Committee). Among the organizations who have joined the coalition are the Claremont Institute and the Eagle Forum, individuals include Victor Davis Hanson and Christopher Rufo.

Randall added, “The Civics Alliance crafted rigorous standards to make it straightforward for policymakers to create equally rigorous equivalents with different priorities, whether by abbreviating some topics, expanding others, or adjusting the course sequences. States and school districts should and will modify American Birthright in detail.”

State policymakers should accompany K-12 social studies standards modeled on American Birthright with legislation to ensure that public K-12 schools provide proper social studies instruction, such as the bills in the Civic Alliance’s Model K-12 Civics Code. Americans need to make sure the content in reformed social studies standards reaches students in the classroom.

Proper social studies standards are a linchpin in the work to educate a new generation of Americans who understand and appreciate their nation’s past and who respect and are prepared to sacrifice for their country. American children should be equipped to continue the work bequeathed to them by the Founders—to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. The Civics Alliance offers American Birthright to help its fellow Americans to craft the standards, the curricula, the textbooks, and the lessons that will sustain our republic and our nation.

The Ocean State Current Launches its “Election Waves” Interview and Debate Series

Launch of “Election Waves” Interview and Debate Series
Candidates for Coventry School Committee Special Election Featured

Ron St. Pierre and Ken Block headline debate moderators

Cranston, RI – Which candidates are making waves in the Ocean State? The nonpartisan Ocean State Current announced today that it will broadcast the first of its series of Election Waves interviews and debates tonight at 7:00 PM EST at OceanStateCurrent.com/CoventryD1.

Featured this evening will be the Coventry District-1 School Committee May 3 Special Election. Candidates Ana Isabel dos Reis-Couto and Bethany Chatterley join Mike Stenhouse for back-to-back 1-on-1 interviews on a special election-year version of his popular In The Dugout podcast.

The goal of Election Waves is to encourage more informed participation by citizens in the upcoming election process.

Former radio personality and station executive Ron St. Pierre will anchor the debate moderator team and will be regularly joined by:

  • Moderate Party founder and former gubernatorial candidate Ken Block
  • Former Democratic State Representative Thomas Palangio
  • Former Republican State Representative Anthony Giarrusso

Mike Stenhouse will conduct 1-on-1 interviews on his In The Dugout video podcast.

The Current believes candidates for public office deserve an opportunity to inform voters of their policy positions. An open invitation is extended to all federal, state, General Assembly, and school committee candidates; interested candidates can request an interview by sending an email to OceanStateCurrent@RIFreedom.org from the email address listed on their official Board of Elections filing.

In order to comply with IRS tax-exempt nonprofit guidelines, the RI Center for Freedom & Prosperity (operator of The Ocean State Current) will remain impartial and nonpartisan when it comes to candidates and elections. The Center and The Current never support or oppose any political candidate.

For more information on The Current’s Election Waves policies, go to OceanStateCurrent.com/ElectionWaves.

Only on The Current. The Ocean State Current is rapidly becoming the trusted source for issues that are important to Rhode Island families at OceanStateCurrent.com 

With one of the most technologically advanced websites in the industry, The Current offers text-to-audio translation for posts for easy mobile listening, automatically pulls posts from select content partners, features an advanced and easy search capacity, and displays a unique Watch, Read, and Listen layout.

Center Signs-On to Coalition Letter to Decouple RI from California’s Oppressive Emissions Policies

The RI Center for Freedom & Prosperity has signed-on to a regional coalition letter to protest California’s extreme and influential carbon emissions policies, along with 28 other organizations. On March 10, the Center’s CEO participated in a press conference with other coalition partners from New England.

READ THE REGIOINAL COALITION LETTER – Click Here

Most Rhode Islanders do not realize, in addition to the costly and non-productive ‘green’ policies imposed upon them by state and federal lawmakers, that the Ocean State, along with 15 other states, is also beholden to enact emissions policies enacted by California.

At specific issue, is a California ban of the sale of vehicles with internal combustion engines (ICE), which Rhode Island must statutorily also adopt, which would dramatically drive up the cost of personal automobiles. As such, given the soaring energy costs across America, the regional coalition is recommending that member states work to “decouple” themselves from California’s increasingly oppressive and irrational policies.

The Center’s CEO, Mike Stenhouse, published an opinion piece representing many of the arguments put forth in the coalition letter, along with a link to the letter.

Have Teacher Unions in Rhode Island Been Unlawfully Collecting Dues for Years?

 

Government officials take an oath of office to preserve the constitutional rights of their constituents. However, in Rhode Island, school board officials who approved agreements with special-interest public employee unions have effectively hidden those rights from their employees via unconstitutional collective bargaining provisions that are in direct defiance of the Supreme Court Of the United States (SCOTUS).

In 2018, the highest court in America ruled that public employees must retain power over their own paychecks. Yet, since then, many government unions in Rhode Island may have unlawfully collected dues from employees by propagating misleading language that overtly shields them from knowledge of their rights.

The landmark June 2018 US Supreme Court decision in the Janus v AFSCME case opened the door to worker freedom in America. But some of the old political machines were taken aback, especially government employee unions at the state and local level. SCOTUS ruled that no longer could a public employee be mandated to pay union “dues”, “Association fees”, “agency fees”, or “shop fees” as a condition of their employment.

Under the weight of this ruling, most public employee unions across the country, reluctantly realizing the great financial and legal risk of non-compliance, immediately amended their policies and subsequent contract agreements to comply with the new law … such that any dues payments could only be collected once the employee affirmatively provided clear authorization … but not so for many unions in Rhode Island.

According to the Mackinac Center in Michigan, one of nation’s top legal and public policy experts when it comes to government unions, Rhode Island’s rate of non-compliance with the Janus ruling looks to be among the highest in the country. The extent to which blatantly anti-Janus-constitutional provisions still exist in many teacher union Collective Bargaining Agreements (CBA) is alarming.

An initial review of about three dozen collective bargaining agreements with local school districts in Rhode Island reveals an alarming number – eleven (more than 1 in 4) – that were signed or put into effect after the Janus ruling, contained dues or fees mandate provisions that clearly defy the Supreme Court’s ruling … provisions that are legally unenforceable.

Types of language clearly violating the Janus Supreme Court ruling that were found in the eleven Rhode Island CBAs with local chapters of the NEA, AFT, AFL-CIO, and AFSCME … unlawful provisions that remained in effect for years after 2018 … can be summarized as including passages that:

  • Require automatic deduction of dues or fees from employee paychecks without their expressed consent
  • Require payment of dues or fees as a condition of employment
  • Limit the union opt-out time-window for employees

The table below summarizes the unlawful language of offending school districts (supporting details appear as an Appendix at the end of this report:)

As an example of what a properly worded CBA should look like, post-Janus, we look to provisions in the agreement between the Glocester K-5 school district and the Glocester Teachers’ Association for the time period July 2019 to June 2022:

The Glocester school district maintained the above Articles 20 and 21, post-Janus, but appropriately REMOVED the following provision that appeared in the district’s pre-Janus CBA:

As national examples of how post-Janus federal court cases compelled government unions to appropriately modify their dues/fees collection policies, what follows is language from two related US Third Circuit cases:

LaSpina v. SEIU Pennsylvania State Council, 985 F.3d 278, 282 (3rd Cir. 2021). After the Supreme Court decided Janus, the Union abandoned its agency-fee setup. The day the Court issued its decision, Steve Catanese, president of SEIU Local 668, wrote to Jack Finnerty of the Scranton Public Library “that the Supreme Court has ruled in Janus” and has “held public-sector employers may no longer deduct agency fees from non-consenting employees.” Supp. App. 69. Catanese’s letter instructed Finnerty to, “effective immediately, please discontinue fair-share fee deductions.” Id. (emphasis in original).

“Therefore, under Janus I, Pennsylvania’s public sector agency shop law was no longer constitutional.” Diamond v. Pennsylvania Educ. Ass’n, 972 F.3d 262, 268 (3rd Cir. 2020). Circuit law directly on point.

Other Supreme Court precedent illustrates what must be done to demonstrate employee consent. The Court has ruled that, to demonstrate consent to a waiver of constitutional rights, there must be evidence that the waiver is a “knowing, intelligent act … done with sufficient awareness of the relevant circumstances and likely consequences.” Brady v United States, 397 U.S. 742, 748 (1970). “It must also be done with “a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” Moran v. Burbine, 475 U.S. 421,421 (1986) …

Per the SCOTUS ruling, before employees can consent to financially supporting a public sector union, they must know both what their rights are and the consequences of waiving those rights.

Yet, not every school district in Rhode Island was as careful to follow the law as was Glocester, as many districts continued to allow overtly unconstitutional language to remain in their post-Janus CBAs, without providing employees with the required notification of their rights.

One of the most blatant examples of such an unconstitutional provision appears in the September 2018 Westerly Teachers’ Association CBA:

How did this happen? Elected school committee members were either complicit with teacher unions in allowing such “unlawful” language to remain, or they were unwitting victims of malfeasance or ill-advice by their school committee solicitors, who are highly paid to provide accurate legal guidance.

The fact is, that for over three years, many teachers and other school district staff in Rhode Island may have been fraudulently deceived into paying union dues or association fees because of the unconstitutional language in their respective CBAs. These employees likely had dues automatically deducted from their paychecks without ever understanding that their First Amendment rights – that they could not be forced to pay part of their paycheck to their union – had been restored in 2018.

Indeed, as compared with opt-out rates nationally, Rhode Island teachers and other public employees are choosing to “opt-out” of paying union dues at rates far lower than their counterparts in other states. While states like California, Pennsylvania, New Jersey, and Massachusetts are seeing more than 15% of workers opt out of paying money to their unions, we estimate that less than 5% of Rhode Island union members have opted out. Now, we may know why.

In the majority Supreme Court decision in 2018, Justice Alito was noted that billions of dollars were likely collected by government unions nationwide in recent decades. Much of this money came from employees who never wanted to pay union dues in the first place but were forced to, because of prior legal precedent.

However, over the past three and a half years, Rhode Island unions may have similarly, yet unlawfully, collected millions of dollars in dues from employees who may have chosen to opt-out … had they not been deceived by clearly unconstitutional language.

Obvious questions must be asked, including:

  • How many teachers and school staff would not have paid union dues if they had been appropriately advised of their rights? How much money was fraudulently collected by unions?
  • Why do so man teacher union CBAs in Rhode Island contain such unconstitutional language? 
  • Why did Rhode Island school committees and teacher unions engage in such non-compliance so much more than any other state?
  • Did school committee members knowingly turn a blind eye towards this malfeasance, or were they completely ignorant of these obvious violations?
  • How can high-paid school committee solicitors allow such obviously unconstitutional language to be included in recent CBAs?
  • Is anything comparable to this level of unconstitutionality occurring in non-teacher public employee CBA contracts in Rhode Island?

Why in some cases, does the AFSCME CBA have proper language regarding dues and fees, while the teacher contract over the same period in the same school district has unconstitutional language?

The main question this report raises … is whether or not certain public teacher unions in Rhode Island conspired to illicitly collect union dues from unwitting teachers and staff?

This is not the first time that a government entity in Rhode Island has exhibited such blatant defiance of the US Supreme Court’s Janus decision. In 2018, our Center’s MyPayMySayRI.com campaign triggered a public letter of warning from then Attorney General Peter Kilmartin, after our outreach initiative sought to educate government workers about their restored Janus rights. The letter from Rhode Island’s highest law enforcement official contained numerous unsubstantiated, unspecified, and false assertions of “misinformation” being put forth by our RI Center for Freedom & Prosperity, such as the bogus claim that we were mis-informing public employees of their rights not to join or pay union dues or fees.

Then, as now, the pattern of government officials in Rhode Island conducting the bidding of public sector unions – at both the state and local level – even to the extent of seeking to obfuscate the constitutional rights of its members … runs directly contrary to the public oaths they took upon entering office.

A review of non-school district CBAs will soon be conducted by the Center.

The following Appendix lists images the actual passages from post-Janus teacher-union CBAs in Rhode Island that contain language that does not comply with the US Supreme Court’s Janus ruling.


APPENDIX

Rhode Island School Districts with Unconstitutional Collective Bargaining Provisions

 

Burrillville: NEA Contract Period: September 2021-2024

Page-40: https://docs.google.com/viewer?a=v&pid=sites&srcid=YnNkLXJpLm5ldHxob21lfGd4Ojc1NTMwZjU2M2U5MDhiMQ

Page-5: https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/236104/CF_CBA_18-21_FINAL_FORM.pdf 

Foster-Glocester: NEA Contract Period 2020-2023

Page-29: http://www.fg.k12.ri.us/common/pages/DisplayFile.aspx?itemId=9841126

Johnston: AFL-CIO Local 808 Contract period 2017-2020, extended in 2020 by the school district

Pages 4-5: https://www.johnstonschools.org/common/pages/DisplayFile.aspx?itemId=20171014

June 2020 Johnston School District Minutes

 

Lincoln: AFSCME Contract Period September 2018-2021

Page-4: https://www.lincolnps.org/cms/lib/RI50000681/Centricity/Domain/44/L2671-contract-2018-2021-02-07-19-FINAL.pdf

New Shoreham: AFSCME Contract Period 2019-2022

Page-2: https://4.files.edl.io/4ef8/11/15/19/153226-ac2437cb-2ef2-43d3-8fb7-ab0bbf4cb0cf.pdf

North Smithfield: NEA Contract Period 2021-24

Page-6: NSTA Collective Bargaining Agreement

Portsmouth: AFSCME Contract Period September 2018-2021
Page-2:

https://core-docs.s3.amazonaws.com/documents/asset/uploaded_file/1355692/Council_94_Contract_7.1.18_-_7.30.21.pdf

Tiverton: NEA Contract Period; 2019 –

Page-9: http://www.tivertonschools.org/common/pages/DisplayFile.aspx?itemId=8558123

Westerly: NEA Contract Period September 2018-2021

Page-5: https://drive.google.com/file/d/1V6e4ChNvhLkp6-Y0zqPUdieauxOzAMvm/view

West Warwick: AFT Contract Period September 2018-2023

Page-21: https://drive.google.com/file/d/1NdyhtJYJb0SibVVm0BXmthzTkehxDtjU/view