ARUNDEL, Maine — The Regional School Unit 21 Board of Directors has voted to appeal the decision of the Maine Superior Court that Arundel middle school students have the right to attend Thornton Academy Middle School at the expense of the district.
On Oct. 5, York County Superior Court Judge Wayne Douglas ruled in a lawsuit filed by a group of Arundel parents and Thornton Academy over two years ago, saying that under the 2007 School Reorganization Law the Maine legislature intended to preserve school choice in towns that previously allowed it.
In a statement issued last Friday, RSU 21 Superintendent Katie Hawes said the board met with district attorneys in executive session to discuss the decision and then voted unanimously to pursue the appeal.
[Judge rules Maine district must pay for students to attend out-of-town middle school]
“The Board felt that the Superior Court was in error when it decided that students from Arundel have a never ending right to attend private school at public expense, even though Arundel’s contract with Thornton Academy had expired. The district has a high performing middle school with capacity to serve all of the students in our district. If the Superior Court’s decision is allowed to stand, it will divide the district by allowing one small group of students to attend a private school at public expense, create inefficiencies that increase the districts costs, and raise taxes in all three towns. The board does not believe that is what the legislature intended when it passed the school reorganization law in 2007 to encourage greater efficiencies in public education.”
At Monday’s RSU 21 Board of Directors meeting two Arundel parents, who said they were speaking on behalf of others to have their comments as part of the public record, said they were disappointed in the board’s decision to appeal.
Noel Holmes has a student at Thornton Academy and one in an RSU 21 school, and said he advocates whenever possible for both schools.
“When we consolidated to form the RSU 21, it was a consolidation at the administrative level and not intended to dissolve the residents current wishes for school choice, but to preserve them. We were assured many times over the years that the town of Arundel would retain choice to attend either school,” Holmes said.
In February 2016, lawyers representing RSU 21 told district officials that Arundel middle school students did not have a legal right to attend Thornton Academy Middle School at the district’s expense after the contract with TAMS expired on June 30, 2016.
The finding came as a shock to Arundel families, who were told they would have choice between TAMS and Middle School of the Kennebunks beginning in the fall of 2016.
[Saco’s contract with Thornton Academy under scrutiny as town seeks withdrawal from district]
Holmes said the board is arguing over an issue of law that they disagree with, and are marginalizing Arundel families in the process.
“If you don’t like the law, you can’t keep saying it isn’t the law and have that be true,” Holmes said. “The statement and actions of the district administration, both past and present, have proven that they intend to marginalize Arundel students that choose to attend TAMS as ‘one small group of children.’”
Arundel parent Melissa Whall said she was disappointed that the board didn’t give the public a chance to speak on the issue before they voted to file an appeal, which did not have to be filed until Oct. 26.
“My concern is with the vote and the lack of communication from this board to the people of Arundel. I just feel as though this process and this board, when it comes to issues like this, needs to be more transparent. There was ample time for you to put this on the agenda for this meeting,” Whall said.
She said she understood that the district board had the legal right to vote on the appeal, but felt it sent the wrong message.
“If you want to bring everyone together after this process which has been so divisive, put it on the agenda tonight. Have people have the opportunity to come in and address it before you. It would have made the process more transparent, it would have made it easier to swallow,” she said.
Whall said she has emailed board members and district officials, and while she has received some responses, she still doesn’t have answers to some of her questions.
Richard Spencer of Drummond Woodsum, who serves as the district’s attorney told the board that a final decision on the appeal is likely to take nine months to a year.
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