The town of Boothbay and the Consolidated School District are still discussing possible workshop dates to discuss the charter. Town Manager James Chaousis told the selectmen that he and Superintendent of Schools Eileen King are trying to schedule a joint meeting with the CSD trustees, school board, the selectmen of Boothbay and possibly Boothbay Harbor. Chaousis told the Boothbay selectmen during an Aug. 13 board meeting the earliest date available would be in September.

The Boothbay selectmen requested the meeting due to a concern with the pre-kindergarten program that’s been running for three years. The selectmen believe the CSD didn’t properly follow the charter when instituting the new program. The town solicited a legal opinion from town attorney Sally Daggett, of the Jensen Baird, Gardner, & Henry law firm, who provided the board a legal opinion last month.

On July 23, Daggett emailed the town that the trustees didn’t have the authority to unilaterally establish a public pre-kindergarten program. Her analysis revealed the trustees have the authority necessary only to carry out the charter’s purpose to organize, maintain and conduct a community school.

“By statute, school districts are required to provide a K-12 education for all students. There is not yet a requirement to provide public pre-K that would exempt the charter,” wrote Daggett. “Although, a bill passed in the last legislature will provide financial assistance to implement a pre-K program with the goal of having universal pre-K by 2018.”

The CSD must do two things, according to Daggett, prior to instituting a pre-kindergarten program. First, the private and Special Law that created the CSD must be amended to change the definition of a school. Second, Boothbay and Boothbay Harbor must vote at town meeting to enact such an expansion.

During the Aug. 13 selectmen’s meeting, the board received another interpretation of the charter. Superintendent Eileen King sent an opinion from attorney Richard A. Spencer of Drummond Woodson of Portland. Spencer’s charter review showed the Special and Private Laws of 1953 allowed school districts to conduct two years of educational programs for ages four and five.

King requested Spencer to review the charter to see if the CSD followed the proper procedure in instituting the pre-kindergarten program.

“The short answer to your question is yes. There is no violation of the charter and the district hasn’t violated its authority,” wrote Spencer.

Prior to 1969, the CSD was only authorized to operate a grade 7-12 school. The law was amended in 1974 enacting a district kindergarten through grade 12 school. Under State Law 20 MRS 859(1)(A, the term kindergarten included a one or two year program immediately prior to grade one, wrote Spencer.