Editor's note: The original version of this story did not make clear contract negotiations between the RSU and Thornton Academy in 2011 relate to a successor agreement that would be in effect after 2016. This version has been corrected.

By Suzanne Hodgson

Staff Writer

RSU 21 has defined school choice for middle school students in Arundel, but the new policy is at odds with Thornton Academy’s interpretation.

Arundel and Thornton Academy Middle School have a 10-year contract that students from Arundel will go to Thornton Academy Middle School.

After the school district consolidation, questions arose whether Arundel students could go to Middle School of the Kennebunks or if the contract eliminated middle school choice.

Superintendent Andrew Dolloff said the main reason the contract question had come up during the March 1 meeting was a few families in Arundel asked if they could have their middle school aged children transfer into Middle School of the Kennebunks at the end of the year.

Until the March 1 vote, Dolloff had put names of the students who wanted to transfer on a waiting list while the board voted on an official policy.

The board’s interpretation of the contract will change the policy to allow Arundel families the choice between Thornton Academy Middle School or Middle School of the Kennebunks.

Students assigned to one school may change to another for a special education program, if it’s in the best interest of the student or to balance school populations.

Before the vote, the question of whether Arundel students actually had choice or were simply contractually committed to attend Thornton Academy was murky to RSU 21 but clear to Thornton Academy.

The vote has placed the district’s policy on a collision course with its contractual obligations, according to Thornton Academy Headmaster Carl Stasio.

“School district policy cannot trump a contract,” Stasio said.

Stasio also said he had passed the district’s change in policy to Thornton Academy’s lawyers to review.

Dolloff contends language in the contract is ambiguous and therefore open to interpretation.

Stasio disagrees.

“There is no ambiguity in the words, but perhaps I’m just too close to the contract,” Stasio said.

RSU 21 school board members reviewed the first section of the contract,which reads, “The Academy agrees to educate all middle level pupils who qualify as legal residents of Arundel…”

“No question in my mind it was for all the kids,” Stasio said.

 “It was the intent of both parties that ‘all’ means all. The intent was that all students go to Thornton Academy Middle School,” said Arundel resident Jon Renell, who was part of contract negotiations in 2004 and spoke during the meeting Monday.

The school district’s attorney said language in the contract was not clear enough and would allow both sides to be argued, Dollof said.

But Dolloff also said the attorney suggested a judge would consider the intent of those who were there during the negotiation of the contract.

“It is likely the academy’s position is more likely to be correct than ours,” Dolloff said.

Last week Arundel parents received a survey from RSU 21 that asked what they thought of both school systems, which they would prefer their children attend and what they feel should be done with the contract.

During recent district budget meetings, Finance Committee Chairman John Sharood said he thought the school district would be unable to continue the extent of cuts proposed for the next fiscal year.

Sharood noted that one way to curtail continued budget cuts would be to look at long-term structural changes, such as closing one of the district’s schools or severing the Thornton Academy contract.

If the contract is broken, RSU 21 could save approximately $4 million,according to a presentation by Dolloff in February. This figure does not take into account the cost of more teachers, supplies or food, and the savings amount drops as more students stay at Thornton.

A successor contract is supposed to be negotiated by July 2011 if no changes are made this year, according to rules of the contract.

For now, school board members say they are taking the contract debate one step at a time.  RSU 21 still is awaiting the results of a facilities study with Harriman Associates to determine whether closing a school would be beneficial and what structural maintenance all the buildings may require district-wide.

Dolloff has said once all studies are complete the school board and administration will take a closer look at the contract.

Staff Writer Suzanne Hodgson can be reached at 282-4337, ext. 233.