ARUNDEL — Students in Arundel can no longer be placed on a waiting list to attend Middle School of the Kennebunks this fall.

The order was issued July 6 by the arbitrator for the contract dispute between Thornton Academy Middle School and Regional School Unit 21.

The two parties will enter arbitration later this month over a vote taken by the RSU 21 school board on June 21 to allow up to 15 Arundel students per grade level to attend MSK this fall.

Arundel students are currently contracted to attend TAMS, though the board has voted to terminate the contract effective for the 2011-12 school year, at a cost of $1.2 million. At issue is whether or not allowing some Arundel students to attend MSK this fall is a breach of contract.

Arbitrator Patrick C. Coughlan states in his order, “Effective immediately, no further requests or applications will be accepted,” and no action can be taken on the requests already received. The order further states that the RSU must inform parents of all Arundel middle school students that names are no longer being taken for the list.

RSU 21 Superintendent Andrew Dolloff is away on vacation this week and could not be reached for comment. District staff said a letter to parents is planned regarding the arbitrator’s announcement, but has not yet been drafted.

A letter from RSU 21 sent out earlier this week announces that 19 requests have been received so far from Arundel parents who want their children to attend MSK this fall. According to the district, 11 of the requests are from parents of sixth grade students, five are from parents of seventh grade students, and three are from parents of eighth grade students.

The district’s letter notes that “enrollment will not take place until just prior to the school year,” but adds that the requests are being made to “ensure a spot on the class list.”

Dolloff said in the letter that he was “pleased with the response” from parents.

“Clearly, this is a sign that a portion of the population is eager to exercise its right to choose where to send their children to middle school,” he states in the letter. “By its action, the Board is not looking to detract from Thornton Academy Middle School or its staff; we’re simply trying to provide parents who live in the district with the opportunity to choose the public school that exists within the district, and we’re pleased to be able to do that.”

Thornton Headmaster Carl J. Stasio, Jr. said the contract between Arundel and TAMS states the school will educate all Arundel students, so the board’s decision to allow some students to attend MSK is a breach of contract. Stasio said he asked the arbitrator to address the waiting list because it is misleading for parents.

“What is the point of being on a waiting list if our perspective is going to prevail?” said Stasio. “It just seemed confusing to have parents receive information about enrolling their kids at MSK while the matter is being decided.

“It’s disappointing to us that the RSU Board didn’t wait just a few weeks for the legal decision to be reached,” he said. Arbitration is set for July 26-28, with a decision expected by early August, he said.

Donna Buttarazzi, who oversees the TAMS contract supporters Facebook page, said Friday she is upset with the RSU board “for creating this divisiveness.”

“I feel badly for the parents who are caught in the middle of something that really is very black and white. This is something we shouldn’t even be discussing at all for the upcoming school year,” she said.

“This could all have been avoided if the RSU Board would have ”¦ at least waited a few weeks for the legal ruling to come forth.”

While supporters of the TAMS contract, like Buttarazzi, have been speaking out at public forums, those who support the board’s decision have largely remained mum in public.

“I don’t think parents should be denied access to MSK,” said Matt Sylvanus, an Arundel parent who said that he has been “roasted” verbally for expressing his views in public forums. Many other Arundel parents support choice, but “don’t feel comfortable being in the middle of this battle,” he said.

Sylvanus said he reads the “loosely written” contract as TAMS agreeing to educate all Arundel students, not as a requirement for the town to send all of its students there.

Due to state law, Arundel residents will maintain the choice to attend TAMS even after the contract is ended.

— City Editor Kristen Schulze Muszynski can be contacted at 282-1535, Ext. 322 or kristenm@journaltribune.com.