An amendment to a bill going through the state Legislature that mandates public kindergarten for districts without it poses several options for communities looking to establish a program by the September 2009 deadline.

Rep. Lynne Ober, one of the drafters of the amendment to the state’s original kindergarten bill, said the “menu” of options includes 100 percent building aid, pushing the deadline back and integrating private kindergartens into the public system during a transitional period.

“We’re getting some positive support,” said Ober, who represents Pelham, Hudson and Litchfield in the State House. “We know we still have some wrinkles.”

The proposal was co-authored with Peter Leishman, who represents Amherst and Milford. Some of the 12 communities without kindergarten may consider suing, Ober said, on the premise that the kindergarten bill as it currently stands is an unfunded mandate.

“If they sued, that would be an injunction that would prevent kindergarten for all the communities,” said Ober. “My whole goal is do not put money in the attorney’s pockets. We want to get public kindergarten started now, and we want to put enough options on the table so that every school district can choose the options that’s right for them.”

The “menu” item that suggests paying state aid to certain private kindergartens, which would be certified according to state standards, would allow districts to contract private establishments and universalize the curriculum while setting up their own public kindergarten system.

“There are 12 districts, and some of them don’t have land to build on. That’s what we’re looking at as a way to transition that lets all 12 districts start in a way that is legal,” Ober said, adding the penalties for failing to set up kindergarten could include losing state aid.

School Board members for two of those districts, Pelham and Windham, said their respective boards are not against the idea of public kindergarten but disagree with the state mandating it without complete funding.

Windham School Board Chairman Barbara Coish said the proposed options seem beneficial to towns looking at setting up kindergarten, but added Windham is waiting the legislation out.

“We know it’s down the road, but when exactly we implement public kindergarten is going to depend on how the legislation comes out,” Coish said.

The board unanimously decided not to put any items on the 2008 warrant pertaining to kindergarten, Coish said, but generally supports the idea of having public kindergarten that would put incoming first-graders on a level playing field.

She added locating or building proper facilities for kindergarten would be the hardest part of the process. The Windham School Board has brainstormed several ideas for housing kindergarten, including installing portable classrooms and renovating the Golden Brook School, but has not settled on anything.

“We have not made any decision, we are just waiting to see what the final legislation looks like,” Coish said.

Eleanor Burton said the Pelham School Board is also waiting on planning for kindergarten until the finished bill comes out of legislation.

“It’s so uncertain because it’s still going through the house, and there are going to be some revisions,” Burton said.

Burton, a Pelham School Board member for seven years, said the board has considered taking part in a law suit against the state on the premise that the kindergarten legislation as it stands constitutes an unfunded mandate.

“I hate to think the state is mandating it because they need to realize the financial constraints of individual communities and what their priorities are,” Burton said. “Mandating without funding … I don’t see financially how that fits into our picture.”