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Arundel students can attend Thornton Academy, court rules

On Thursday, July 18, the Maine Supreme Court upheld a ruling by a lower court that Arundel students be allowed to attend Thornton Academy using public funds.
Credit: NEWS CENTER Maine
Thornton Academy in Saco, 2015

ALFRED, Maine — The Maine Supreme Court has upheld a ruling by a lower court that Arundel students be allowed to attend Thornton Academy using public funds.

The decision on Thursday, July 18 comes after a long-term debate regarding the issue.

The discussion essentially began when the Arundel School Department entered into a 10-year contract with Thornton Academy in 2006, allowing all Arundel students from grades 6-8 to attend the school.

In 2007, a school reorganization resulted in RSU 21, which includes Kennebunk, Kennbunkport, and Arundel. Since Middle School of the Kennebunks is in the district, RSU 21 declined to form a new contract with Thornton Academy.

On April 6, 2016, after the expiration of the original contract, Thornton Academy and Arundel residents filed an action against RSU 21 in the Superior Court. The district had decided that, following the end of the contract, public middle school students from Arundel must attend MSK. It would not allow public funds to be used any longer for those students to attend Thornton Academy. 

The Portland Press Herald reports that in October, York Superior Court ruled Arundel students must still be admitted to Thornton Academy via public expense. RSU 21 appealed the decision, and the case was sent to the Maine Supreme Court.

Citing a mandate in Maine that every municipality in Maine must provide free education to students from kindergarten to grade 12, the Supreme Court upheld the original ruling by York Superior Court on Thursday. 

Since Arundel doesn't have its own school system, the Supreme Court cited a decision by the state's Legislature that allows any school district with no school of its own to meet the public education requirement by:

  • "contracting with a public school in another school district or a private school that meets certain requirements"

or

  • "allowing parents to choose another district’s public school or an approved private school for their children to attend at public expense in the absence of a school privileges"

The resurfaced court case also regards the issue of school choice for students. 

In Thursday's decision, the Supreme Court concluded that since RSU 21 chose not to renew a contract with Thornton Academy, Arundel students should still be allowed school choice after the reorganization of the district. As a result, they will be allowed to continue to attend the school via public funds.

The entire document for Thornton Academy et al. v. Regional School Unit 21 et al. reads as follows:

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