Staff Writer

Ready or not, school choice will be on the syllabus for Arundel’s middle school children next school year.

Regional School Unit 21 school board members unanimously agreed to buy out its contract with Thornton Academy Middle School in June 2011 for $1.2 million. A second unanimous vote to allow 15 Arundel students per grade to enroll at Middle School of the Kennebunks this fall while the contract is valid has been called illegal by some.

Thornton Academy Headmaster Carl Stasio believes allowing Arundel students to choose between the two schools violates the contract. Stasio said in March 2009, before district consolidation was complete that School Board Chairman Maureen King and Arundel Superintendent Alton Hadley both agreed the middle school students could only go to Thornton or Berwick academies.

“It seems clear to me, members of Arundel school committee, the superintendent and members of our board that met to discuss the contract all pretty much knew what the intention of it was, and the intention of it was we would serve all the kids,” Stasio said. “I would say to have 15 kids from each grade, basically to give those 15 choice – and I don’t know how you pick them – frankly, would be a violation of the contract.”

Board members met before Monday’s public meeting in executive session with the districts’ lawyers to discuss legal repercussions of breaking the contract and allowing students from Arundel to enter the district middle school in September.

Board member Bob Domine of Kennebunkport said he would have liked the contract to be bought out before classes begin in the fall, but because it was not decided until after the budget was finalized, there was no money to complete the effort.

“I believe but for a technicality having to do with state law and the budgeting process we would (buy out the contract) right now,” Domine said.

School Board member Norm Archer of Kennebunkport said the buyout was a good idea for three reasons.

“One, it gives choice for our students. Two, it will unify the district. It’s been a difficult 18 months with the (Regional Planning Committee) and a difficult year,” Archer said. “Lastly it’s a sound financial decision. Period.”

School board member Jack Reetz of Arundel said he asked for a vote on the policy after seeing results from a survey of Arundel parents conducted in April.

“There were a number of parents, and presumably children as well, that want to have choice in middle school,” Reetz said.

The estimated cost of the buyout comes directly from language in the 10-year contract that began in 2006, according to Superintendent Andrew Dolloff. Originally Thornton Academy invested $3 million to transform one of its buildings on campus into the middle school to accommodate Arundel sixth-, seventh- and eighth-grade students, as the student body grew too large for Mildred L. Day School.

That investment was used to help determine the value of the contract. The contract contains a provision for a buyout with a price that drops annually.

After the Arundel, Kennebunk and Kennebunkport school district consolidation, questions arose whether Arundel students could go to Middle School of the Kennebunks.

State law mandates Arundel students continue to be allowed to go to Thornton Academy after the contract is severed.

“Because of state law, Arundel will always have choice,” said Arundel board member Leia Lowery.

Students from Kennebunk and Kennebunkport will not be allowed to go to Thornton Academy Middle School as a public school. Those students would be required to pay tuition as they would to attend a private or parochial school.

“I would like to publicly support the motion because it doesn’t take away from anything. It actually offers choice to everyone,” said Pam Richard-Wuerthner, school board member from Arundel.

Dolloff said the school board will use the next year to figure out how to pay for the buyout.

“It could be a combination of many things, the undesignated fund balance, they could look for a revenue stream for next year or look to do it from (capital improvement) funds, any combination of things could get them the balance,” Dolloff said.

According to Dolloff, any money taken from the capital improvement fund would need to be voted on by the public.

Stasio said RSU 21 has the right to terminate the contract, but it would still allow choice, and he thinks the Arundel choice would be Thornton Academy Middle School.

“This year we have 62 kids in eighth grade, 51 are from Arundel. Of the 51 students, 47 choose to attend Thornton Academy (for high school) and three choose Kennebunk High School and one went somewhere else,” Stasio said. “If the trend continued I wouldn’t be concerned at all. Bottom line is even if they buy out of the contract, Arundel students will still have choice.”

Arundel resident John Renell agreed with Stasio that the motion to allow students to attend Middle School of the Kenenbunk’s was indeed illegal.

Renell sat on the committee that made the contract with Thornton Academy and said the committee’s intention was for all students to attend Thornton Academy Middle School.

“I believe (allowing students to attend Middle School of the Kennebunks) is in violation of the contract because the contract says ‘all’ and all means all. If they actual break the contract they are also violating state consolidation law which said contracts must be honored,” Renell said. “Where is the $1.2 million coming from? I don’t want my taxes going up.”

Stasio said he was unaware that RSU 21 had made the decision but would look into the legality of the motions.

“An arbitrator will have to determine if the RSU is in violation of the contract or is not in violation of the contract,” Stasio said.

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