By Gillian Graham

Staff Writer

Regional School Unit 23 school officials say they don’t need to make specific school choice policies because state law dictates where students can attend school.

A report by the Open Enrollment Committee in February recommended the school board adopt a plan that would allow Dayton students to attend school in Old Orchard Beach. Dayton students currently go to Saco Middle School and Thornton Academy in Saco for high school.

Committee members told the RSU 23 Board of Directors at a March 24 workshop they had no recommendation for an open enrollment or limited school choice policy in the district.

“I guess the recommendation is we have no recommendation,” said Gary Curtis, a committee member and school board representative from Old Orchard Beach.

The report and scheduling of a workshop to discuss the recommendation prompted Thornton Academy officials to hold an informational meeting March 15. Headmaster Carl Stasio said he opposes allowing school choice in the district unless it applies to all students, not just those from Dayton.

Curtis said he and school officials talked about the committee’s report with officials from the Maine Department of Education and ultimately decided the law spells out what options students have. The choice of what school to attend within the district remains as it was prior to school reorganization when the RSU was created, he said.

Before reorganization, a parent in Saco or Dayton could petition the superintendent to place a student in another public school within the district or ask for an out-of-district placement through a “superintendent’s agreement” with another town. Since the reorganization, a parent still can request a child be moved to another public school in the district, which now includes Old Orchard Beach, Curtis said.

Department of Education Director of Finance and Operations Jim Rier said school choice – both in and out of district – existed prior to the school reorganization law of 2007. Prior to the reorganization an agreement between superintendents was needed to place Dayton or Saco students in Old Orchard Beach, he said.

Because RSU 23 now has one superintendent, that kind of agreement no longer is needed to place students in a different public school within the district, Rier said. Current law prohibits offering the choice of a private school to students who were not previously able to attend a private school at taxpayer expense, he said.

Old Orchard Beach offered kindergarten through 12^th grade for students prior to reorganization so state law does not allow students from that town to attend Thornton Academy unless the family pays tuition, Rier said. The RSU pays tuition to Thornton Academy to educate students from Saco and Dayton because the towns do not have public high schools.

Whether or not Saco and Dayton students can chose to attend Old Orchard Beach High School depends on the exclusivity of contracts between the district and school, Rier said. The contracts between Saco and Dayton and Thornton Academy expire June 30 and successor contract negotiations begin at the end of April.

Curtis said the contracts are not exclusive, but Saco and Dayton students must have the choice to attend Thornton Academy. At the time the contracts were signed five years ago, Thornton Academy “was the only school in play.”

“I don’t believe the contract is exclusive,” Curtis said. “Saco and Dayton have to have the choice for Thornton Academy, but could opt for Old Orchard Beach High School.”

Stasio disagrees. He said the contracts require Thornton Academy to educate all secondary education students who are legal residents of Saco and Dayton. The contracts states: “The academy agrees to provide secondary education (meaning grades 9 to 12 inclusive) for all secondary students…”

“There is no choice right now. As long as the contract stays in place, Saco students have to come here and Dayton students have to come here,” Stasio said. “I don’t think the law allows for school choice at the high school level when there is a contract.”

Stasio said moving 50 or more students from Thornton Academy to Old Orchard Beach High School could negatively impact other students because programs could be affected. He said the school offers “fantastic” programs that are a “good deal” for taxpayers. The district paid $8.2 million for Saco student tuition this school year and $1.4 million for Dayton tuition.

Stasio said Thornton Academy “absolutely” wants to continue its relationship with students in the district.

“It’s not our plan to become an elite private school. We have educated all the kids from Saco for the past 200 years and Dayton for almost as long, he said. “We’ve educated a broad cross section of kids for as long as we’ve been in business and we don’t want to turn our back on that.”

Superintendent Michael Lafortune said the district has long had the ability to move students around among schools in the district or place them in another district. The school board asked committees to look at different issues – including class size and administrative ratios – at a time when the district was facing large reductions in state funding. The open enrollment committee was charged with examining the issue to see what was in the best interests of students in the classroom, he said.

“At no time was this going to not be voluntary. Ever,” Lafortune said to nearly 60 parents gathered at the workshop. “We’re trying to meet the needs of the student. It was always the parent and child make that decision.”

Lafortune said decisions to move students to another school are considered on a case-by-case basis. Factors he would consider before making a decision include class size, transportation and availability of resources.

Parent Christy Lajoie, who also is chairman of the Thornton Academy science department, told the board she was concerned about transportation if a Dayton student chose to go to Old Orchard Beach schools. Other students would be affected if bus routes changed, she said.

Board member Skip Cushman of Dayton said there are many steps parents would have to go through before making the decision to switch schools, including meeting with guidance counselors and principals. The superintendent would also review the request and arrange for transportation, he said.

“There is no set in stone way things are going to happen,” he said. “Every situation is going to be unique. It’s going to be on a one-by-one basis.”

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.