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This profile was last updated on 3/21/13  and contains information from public web pages and contributions from the ZoomInfo community.

Judge Allen P. Rubine

Wrong Judge Allen P. Rubine?

Superior Court Judge

Local Address: Rhode Island, United States
Rhode Island
 
Background

Employment History

Board Memberships and Affiliations

  • Board of Regents
    Rhode Island
  • School Board Member
    Providence School Department
65 Total References
Web References
Providence Teachers Union News
www.proteun.org, 21 Mar 2013 [cached]
Although the matter was redirected to the Rhode Island Board of Regents, Judge Rubine indicated strong support for our argument.
...
Superior Court Judge Allen P. Rubine yesterday denied the union's request for a preliminary injunction, which would have restored the original class size until the matter was resolved in court. Instead, Rubine ordered the union to make its arguments before the Board of Regents, which oversees the Rhode Island Department of Education. Rubine, however, did not answer the central question raised by the union: Does state Education Commissioner Peter McWalters have the legal authority to alter the state's special-education laws?
...
According to Rubine, McWalters denied a similar class-size request from the Town of Johnston in 2005.
...
Yesterday, Rubine said that he was inclined to agree that the commissioner's hands are tied when it comes to special-education laws. According to Rubine, the real question is whether the commissioner has the authority to tinker with class size under a state law called progressive support and intervention, which, according to lawyers for the state Education Department, gives McWalters broad authority to take control over school programs, personnel and budgets. Because Providence is one of six low-performing "intervention" districts, the commissioner's office says that the district is subject to progressive levels of state control. Rubine, however, expressed concern that the commissioner has "unbridled jurisdiction" to assert his authority over low-performing districts.
...
"The Board of Regents will have to determine if the waiver is tied to the district's academic goals or whether [the district] was motivated by a funding inadequacy," Rubine said. "If the regents believe that the commissioner's actions are not related to improving student performance, then we would expect them to reject the variance." In denying the union's request for a preliminary injunction, Rubine said that the union had failed to demonstrate that students are being harmed under the increased class size. Finally, he ordered the commissioner's office to proceed with a hearing as soon as possible.
...
On Tuesday, September 11, 2007 Rhode Island Superior Court Judge Allen P. Rubine heard arguments regarding the Providence Teachers Union complaint that Commissioner Peter McWalters exceeded his authority in approving the Providence School Board's request to increase Special Education class size in Providence.
...
Judge Rubine has ordered written briefs to be filed no later than September 20, 2007 and has scheduled a formal hearing on September 28, 2007.
To support, with particulars, our contention that the class size increase is harmful to our students, I have scheduled three (3) meetings with our attorney so that he may hear directly from you.
Associate Justice Allen ...
www.thewesterlysun.com, 24 June 2014 [cached]
Associate Justice Allen Rubine then asked whether a holding tank could be used as a temporary solution to address DEM's concerns.
...
Rubine said he was looking for a temporary measure to address DEM's immediate concerns and to hold BPF Realty LLC over until a trial could be conducted.
...
I'm not authorized to do that and there are not sufficient facts," Rubine said.
ProvidenceTeachers Union
www.proteun.org, 1 Sept 2007 [cached]
On Tuesday, September 11, 2007 Rhode Island Superior Court Judge Allen P. Rubine heard arguments regarding the Providence Teachers Union complaint that Commissioner Peter McWalters exceeded his authority in approving the Providence School Board's request to increase Special Education class size in Providence.
...
Judge Rubine has ordered written briefs to be filed no later than September 20, 2007 and has scheduled a formal hearing on September 28, 2007.
To support, with particulars, our contention that the class size increase is harmful to our students, I have scheduled three (3) meetings with our attorney so that he may hear directly from you.
...
Yesterday, Judge Allen P. Rubine did not grant that request, but during a half-hour meeting in his chambers with lawyers from both sides, asked for legal briefs by Sept. 20, and response briefs by Sept. 26.
...
The next court appearance in front of Judge Rubine is scheduled for Sept. 28.
ProvidenceTeachers Union
www.proteun.org, 21 Mar 2013 [cached]
Although the matter was redirected to the Rhode Island Board of Regents, Judge Rubine indicated strong support for our argument.
...
Superior Court Judge Allen P. Rubine yesterday denied the union's request for a preliminary injunction, which would have restored the original class size until the matter was resolved in court. Instead, Rubine ordered the union to make its arguments before the Board of Regents, which oversees the Rhode Island Department of Education. Rubine, however, did not answer the central question raised by the union: Does state Education Commissioner Peter McWalters have the legal authority to alter the state's special-education laws?
...
According to Rubine, McWalters denied a similar class-size request from the Town of Johnston in 2005.
...
Yesterday, Rubine said that he was inclined to agree that the commissioner's hands are tied when it comes to special-education laws. According to Rubine, the real question is whether the commissioner has the authority to tinker with class size under a state law called progressive support and intervention, which, according to lawyers for the state Education Department, gives McWalters broad authority to take control over school programs, personnel and budgets. Because Providence is one of six low-performing "intervention" districts, the commissioner's office says that the district is subject to progressive levels of state control. Rubine, however, expressed concern that the commissioner has "unbridled jurisdiction" to assert his authority over low-performing districts.
...
"The Board of Regents will have to determine if the waiver is tied to the district's academic goals or whether [the district] was motivated by a funding inadequacy," Rubine said. "If the regents believe that the commissioner's actions are not related to improving student performance, then we would expect them to reject the variance." In denying the union's request for a preliminary injunction, Rubine said that the union had failed to demonstrate that students are being harmed under the increased class size. Finally, he ordered the commissioner's office to proceed with a hearing as soon as possible.
...
Superior Court Judge Allen P. Rubine yesterday denied the union's request for a preliminary injunction, which would have restored the original class size until the matter was resolved in court. Instead, Rubine ordered the union to make its arguments before the Board of Regents, which oversees the Rhode Island Department of Education.
Rubine, however, did not answer the central question raised by the union: Does state Education Commissioner Peter McWalters have the legal authority to alter the state's special-education laws?
...
According to Rubine, McWalters denied a similar class-size request from the Town of Johnston in 2005.
...
Yesterday, Rubine said that he was inclined to agree that the commissioner's hands are tied when it comes to special-education laws. According to Rubine, the real question is whether the commissioner has the authority to tinker with class size under a state law called progressive support and intervention, which, according to lawyers for the state Education Department, gives McWalters broad authority to take control over school programs, personnel and budgets.
Because Providence is one of six low-performing "intervention" districts, the commissioner's office says that the district is subject to progressive levels of state control. Rubine, however, expressed concern that the commissioner has "unbridled jurisdiction" to assert his authority over low-performing districts.
...
"The Board of Regents will have to determine if the waiver is tied to the district's academic goals or whether [the district] was motivated by a funding inadequacy," Rubine said. "If the regents believe that the commissioner's actions are not related to improving student performance, then we would expect them to reject the variance."
In denying the union's request for a preliminary injunction, Rubine said that the union had failed to demonstrate that students are being harmed under the increased class size.
Finally, he ordered the commissioner's office to proceed with a hearing as soon as possible.
...
That is the question before Superior Court Judge Allen P. Rubine, who has been asked to rule on whether McWalters exceeded his authority in granting the Providence school district permission to increase the class size for special-education students from 10 to 12 students.
...
On Sept. 8, Rubine decided not to order the district to reinstitute the original class size, saying that he wanted to review written arguments first.
...
"This is sort of like the wild west," Rubine said.
...
Rubine brought up a similar case involving the town of Johnston.
...
Rubine concluded yesterday's hearing by saying that he would issue a decision Monday afternoon. The judge could rule on any number of issues: he could continue to hear evidence, grant the union's request for a preliminary injunction, deny the union's appeal or order the union to make its case before the regents.
Providence Teachers Union News
proteun.org, 3 Jan 2009 [cached]
Although the matter was redirected to the Rhode Island Board of Regents, Judge Rubine indicated strong support for our argument.
...
Superior Court Judge Allen P. Rubine yesterday denied the union's request for a preliminary injunction, which would have restored the original class size until the matter was resolved in court. Instead, Rubine ordered the union to make its arguments before the Board of Regents, which oversees the Rhode Island Department of Education. Rubine, however, did not answer the central question raised by the union: Does state Education Commissioner Peter McWalters have the legal authority to alter the state's special-education laws?
...
According to Rubine, McWalters denied a similar class-size request from the Town of Johnston in 2005.
...
Yesterday, Rubine said that he was inclined to agree that the commissioner's hands are tied when it comes to special-education laws. According to Rubine, the real question is whether the commissioner has the authority to tinker with class size under a state law called progressive support and intervention, which, according to lawyers for the state Education Department, gives McWalters broad authority to take control over school programs, personnel and budgets. Because Providence is one of six low-performing "intervention" districts, the commissioner's office says that the district is subject to progressive levels of state control. Rubine, however, expressed concern that the commissioner has "unbridled jurisdiction" to assert his authority over low-performing districts.
...
"The Board of Regents will have to determine if the waiver is tied to the district's academic goals or whether [the district] was motivated by a funding inadequacy," Rubine said. "If the regents believe that the commissioner's actions are not related to improving student performance, then we would expect them to reject the variance." In denying the union's request for a preliminary injunction, Rubine said that the union had failed to demonstrate that students are being harmed under the increased class size. Finally, he ordered the commissioner's office to proceed with a hearing as soon as possible.
...
On Tuesday, September 11, 2007 Rhode Island Superior Court Judge Allen P. Rubine heard arguments regarding the Providence Teachers Union complaint that Commissioner Peter McWalters exceeded his authority in approving the Providence School Board's request to increase Special Education class size in Providence.
...
Judge Rubine has ordered written briefs to be filed no later than September 20, 2007 and has scheduled a formal hearing on September 28, 2007.
To support, with particulars, our contention that the class size increase is harmful to our students, I have scheduled three (3) meetings with our attorney so that he may hear directly from you.
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