ATKINSON - The Timberlane Regional School District superintendent acknowledged yesterday that Atkinson Academy Principal Heidi Webster may have violated the law when she asked parents to vote for kindergarten in the school's February newsletter.

Timberlane Budget Committee member Michelle O'Neil notified Superintendent Dr. Douglas McDonald about the newsletter, which is sent home to parents and available online. McDonald said the district is investigating Webster's discussion about the two kindergarten warrant articles, which passed last week.

He said he would pay particular attention to Webster's sentence, "Vote YES on Warrant Article 4 to support kindergarten," which is primarily where Webster would have violated the law.

New Hampshire law states that no public employee "shall electioneer while in the performance of his or her official duties." The law defines electioneering as acting in a way designed to influence the vote of a voter on any question or office.

"No, I absolutely did not mean to (break the law)," Webster said yesterday.

She referred all other questions to McDonald.

Curt Springer, one of three sponsors of the Speakout Danville Web site, said people were concerned the vote might have been swayed because of Webster's newsletter comments. Some of the people commenting on the message board are in favor of public kindergarten, he said.

"Even though it's someone advocating for their side, they weren't playing by the rules," Springer said. "I give them a lot of credit for their concern."

Violation of the law is a misdemeanor and must be reported to the attorney general's office or the state office of election protection. Because he doesn't believe Webster swayed the vote, McDonald said he will not report the incident himself.

Springer said he began an e-mail to the attorney general's office yesterday but didn't have time to finish it. He posted a message on the Speakout Web site, suggesting someone else do so.

Jim Kennedy, an attorney with the civic bureau of the attorney general's office, said yesterday that no complaints have been filed against Webster.

McDonald said there is a question of whether Webster violated the law by urging residents to vote yes. He said the matter will be investigated and addressed as an internal issue.

"The second question is, did it influence the vote, and if you look at Atkinson's vote historically, it's always been higher," he said.

During the district's seven attempts to get public kindergarten approved, Atkinson voters said yes six times. The only year Atkinson didn't approve a kindergarten program was in 2006.

"Do I think it made a difference in the vote?" McDonald said. "The answer is no."

McDonald said he has always encouraged his staff to inform people, but advocating a position should be done during employees' personal time with their personal money.

Letters sent home from school are paid for with tax dollars.

Michael Hogan, principal of Timberlane Middle School, also addressed a warrant article in his January/February newsletter, but McDonald said Hogan's piece was to inform parents about school resource officers. Nowhere in the letter did he tell voters which way to cast their ballots.

BOX

Paragraph from the Atkinson Academy February newsletter that is in question:

"There is one thing that could make our school an even better place, and that is to join the rest of the country in making KINDERGARTEN an integral part of our program. Please take time to read the circular coming home in today's shuttle, and spread the word to the community that this is a critical way to support all children in the Timberlane district. Vote YES on Warrant Article 4 to support Kindergarten. This year, and in coming years, there will be no tax impact from adding Kindergarten. In addition, Warrant Article 5 is for two Kindergarten classrooms to be added to Atkinson Academy. (The other schools in the district have adequate space.) This warrant article will also have no tax impact. Please call or write me if you have questions about Kindergarten."