Summary of Arbitrator’s Order

Summary of Arbitrator’s Order

In February 2005, the Maine Department of Education approved a contract for
Thornton Academy to serve Arundel middle school students for a period of 10
years, beginning in the fall of 2006. 

 In 2009, following the enactment of Maine’s School Reorganization Law,
Arundel and MSAD 71 (Kennebunk and Kennebunkport) consolidated to form
RSU 21. 

On June 21, 2010, the RSU 21 School Board adopted a motion to “enroll up to
15 students per grade level residing in Arundel who wish to exercise their choice
to attend Middle School of the Kennebunks, pursuant to policy JCA, effective
with the start of the 2010-11 school year.” The RSU board also voted to end the
Arundel contract with Thornton Academy effective June 30, 2011, subject to voter
approval, at a cost of $1.2 million. 

Arbitration was scheduled in order for a ruling to be made about whether the
enrollment of 15 students per grade into MSK was a breach of contract. 

On July 6, 2010, Arbitrator Patrick C. Coughlan submitted an order of stay to
RSU 21 that no Arundel students were to be enrolled in the Middle School of the
Kennebunks until a ruling was made. Prior to this, RSU 21 accepted inquiries
and/or applications from the parents of 19 students from Arundel. 

Arbitrator Coughlan’s findings were as follows:

o At the time the contract was entered into, both Thornton Academy and
Arundel intended that all 6th, 7th and 8th grade students residing in
Arundel would attend Thornton.

o There was “uncontroverted evidence” that TA’s Board of Trustees
assumed that all Arundel students would attend the private school. “If
Arundel was not required to pay Thornton, and only Thornton, for the
education of its publicly tuitioned middle school students, Thornton’s
providing of a new middle school facility for the children of Arundel, at
Thornton’s sole expense, would have made no sense,” the arbitrator
states.

o Under the contract, the RSU is not entitled to enroll publicly tuitioned
students from Arundel.

o Thornton Academy must receive compensation for the 19 parents who
inquired/applied prior to the order of stay who attend MSK (12 entering
6th grade, 3 entering 7th grade and 4 entering 8th grade). Because one of
the benefits of bringing a 6th grader into a school is the likelihood that they
will stay through the 8th grade, the arbitrator requires that RSU 21 pays
full public school tuition for the 19 students to Thornton Academy in
2010-11 and, in addition, 75% of full tuition for any additional years the
students remain at MSK.

o RSU 21 is prohibited from recruiting or enrolling any 6th, 7th, or 8th
grade students into MSK unless the contract expires or is bought out at a
cost of $1.2 million, which must be approved by voters in Kennebunk,
Kennebunkport & Arundel.