De La Comunidad Bilingual Sues Rhode Island Governor, General Assembly Leaders, Says Charter Moratorium Unconstitutionally Targeted the School and Blocks Bilingual Families From School Choice
The suit argues Rhode Island lawmakers passed an unconstitutional law that specifically targeted the state's first dual-language, full-service K–12 community school.
PROVIDENCE, R.I. — De La Comunidad Bilingual Public Charter School filed a 55-page lawsuit today in federal court against Governor Daniel J. McKee, House Speaker Christopher R. Blazejewski and Senate President Valarie J. Lawson, alleging that a new state law blocking new charter public schools was "directed at its approved application" and "motivated, at least in part, by opposition to the school's mission and the community it was created to serve, in violation of the United States and Rhode Island Constitutions."
The suit further alleges that the Governor and General Assembly unconstitutionally targeted De La Comunidad Bilingual Public Charter School and gave preferential treatment to another charter public school seeking to expand. Both actions came as the governor, facing a hotly contested reelection campaign, sought the support of the teachers’ unions.
"Governor Daniel J. McKee’s politically motivated signature on the General Assembly’s targeted charter school moratorium constitutes: an unconstitutional impairment of contract and a violation of substantive due process," alleges the suit filed on July 27, 2026 in the United States District Court for the District of Rhode Island. The suit further alleges a claim for equitable estoppel and requests that the State be stopped from enforcing the moratorium against De La Comunidad Bilingual Public Charter School.
The moratorium, signed by Governor McKee on June 18, 2026, prevents any new charter public school from opening for at least three years and retroactively blocks De La Comunidad Bilingual Public Charter School from receiving authorization to operate.
"This law was aimed at one school: ours," said Carol Aguasvivas, board chair of De La Comunidad Bilingual Public Charter School. "Families chose us. Our community fought for us. And when lawmakers tried to shut the door before we even opened it, we had a responsibility to fight back. This is not just for this school, but for every family in Rhode Island who believes their children deserve a public school choice. We're confident the courts will agree that what happened here was wrong."
The complaint names as defendants, in their official capacities, Governor Daniel J. McKee, House Speaker Christopher R. Blazejewski, Senate President Valarie J. Lawson, who also serves as president of the National Education Association of Rhode Island teachers' union, and the Council on Elementary and Secondary Education.
Charter Moratorium Law Violates US and RI Constitutions
The suit argues that the state's approval of the school's application and issuance of a preliminary charter in January 2026 created a binding contract, much like pension statutes, and that both the United States and Rhode Island Constitutions prohibit states from passing laws that impair contracts. De La Comunidad Bilingual Public Charter School has completed nearly all of the conditions required by the RI Department of Education for approval to operate. The complaint contends that the moratorium law constitutes an unconstitutional impairment of contract, and a violation of substantive due process under both the United States and Rhode Island Constitutions, and that it strips the school of vested rights under Rhode Island law. The suit seeks to restore the school's path to opening in fall 2027 and preserve a critical educational opportunity for students in Providence, Pawtucket, and Cranston.
McKee and General Assembly Make a Deal
The complaint also details how lawmakers took deliberate steps to shield one school from the moratorium while refusing to extend the same consideration to De La Comunidad Bilingual Public Charter School. Before passage, the General Assembly amended the bill to ensure it would not affect another charter public school's planned expansion. While preserving educational opportunities for those students and families is encouraging, every school that successfully completed the state's approval process deserved to be treated equally.
When Senate Minority Leader Jessica De La Cruz introduced a floor amendment that would have allowed any applicant with an approved application and a preliminary charter to open, a change that would have covered De La Comunidad Bilingual Public Charter School, the Senate rejected it.
A similar effort failed in the House, where Representative Leonela Felix moved to send the bill back to committee, noting that "the only school that is getting impacted [is a] school that would have served primarily Black and Brown folks in our communities, our students who need it the most." The complaint argues these votes make clear the moratorium was not about good governing but about stopping one school.
"If the goal was truly to limit charter growth, lawmakers would not have carved out an exception for one school while shutting the door on another," said Joshua Laplante, founding superintendent of De La Comunidad Bilingual Public Charter School. "The state approved our application, and we held up our end by substantially completing what was required to open. Then the rules were changed at the last minute to stop us. That is not reasonable, it is not necessary, and it serves no legitimate public purpose. Our families deserve better, and the Constitution demands better."
Governor Plays Politics and Kids Lose Out
The complaint also documents an organized union campaign against the school led by the Rhode Island Federation of Teachers and Health Professionals urging Governor McKee to withdraw his support for De La Comunidad Bilingual Public Charter School and to back the moratorium legislation. The union and its lobbyists worked for the bill's passage. The National Education Association of Rhode Island, led by Senate President Lawson, actively opposed the school as well.
According to the complaint, the Governor's signature marked a sharp reversal of his own record. Governor McKee built his career as a champion of charter public schools and spoke out against a proposed moratorium in 2021, saying "it makes no sense." He signed this one into law last month amid his reelection campaign and two days before the Rhode Island Democratic Party Convention.
"This case is about much more than one school," said Victor Capellan, founder and CEO of Rhode Island Education Collective, which helped develop the proposal for De La Comunidad Bilingual Public Charter School. "Families followed the rules, the school responded to RIDE’s Request for Proposals, followed the state's rigorous approval process, and Rhode Island made commitments every step of the way. Changing the rules after the fact undermines public trust, weakens confidence in government, and sends the message that politics can override fairness. We believe every family deserves confidence that public processes will be transparent, consistent, and applied equally to everyone."
About De La Comunidad Bilingual Public Charter School
De La Comunidad Bilingual Public Charter School, a full-service bilingual charter public school that will serve students in kindergarten through 12th grade in Providence, Pawtucket, and Cranston, prepares students to graduate bilingual and biliterate, college-ready, and engaged in their communities through rigorous academics, bilingual instruction, and comprehensive family supports. The school's vision is rooted in the belief that language is power and that every child deserves access to an education that honors who they are and where they come from. Learn more at dlcbilingual.org.
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Contact:
Danielle Barron
