What the interlocal agreement says
Fort Myers Beach Elementary School, the highest-performing K-5 school in the Lee County School district with its lowest budget and lowest number of students, is facing the possibility of not opening up again as a public school pending a recommendation from Supt. Denise Carlin and a school board which is not scheduled to meet again July 29.
A private teleconference between Carlin, Fort Myers Beach Mayor Dan Allers, Congressman Byron Donalds and School Board Chair Samuel Fisher last week involved discussions of potentially turning the public school into a charter school.
While no decision has been made, there has not been any commitments made by the school board or Carlin to reopen the school which scored more than twice as high as the rest of the school district in English Language Arts last year.
The school has not reopened since incurring some flood damage after Hurricane Milton in October. The district spent more than $600,000 to remediate the school but has not committed any additional funds for what the district says it will take to reopen the school. The lowest estimate from school officials is that it would cost $1.3 million.
Yet an interlocal agreement between the Town of Fort Myers Beach and School District of Lee County signed in 2023 requires the school to be open through at least 2027 or longer depending on delays in reopening the school.
At this month’s meeting of the Lee County School District board, Fort Myers Beach Elementary School PTO Vice President Monica Schmucker cited the interlocal agreement, which doesn’t allow the school district to close the school until at least 2027.
“You don’t get out because of another hurricane. Nothing that Milton brought prevented you from building that cafeteria,” Schmucker told the school board at their June 3 meeting. “Honor the agreement.”
The town council last month approved a resolution authorizing the town attorney and town manager to contact Carlin and reiterate the town’s position that the school should be opened and that the school district should comply with the interlocal agreement.
The agreement was put together after Hurricane Ian and lays out future steps for another building with a cafeteria with plans to reduce costs and increase enrollment.
The 17-page agreement spells out the following:
Hurricane Ian caused severe damage to Fort Myers Beach Elementary School. While the school was experiencing declining enrollment prior to Hurricane Ian, the agreements states that the school board and town hold a mutual desire to continue operations of the school in a sound and fiscally responsible way.
While the agreement notes the school had been facing declining enrollment since before Hurricane Ian, the agreement stated that there is a “mutual desire by the Board and the Town to continue the operations” of Fort Myers Beach Elementary School “in a sound and fiscally responsible way.”
The agreement spells out conditions for “a new collaboration to assist the School Board in re-building, operating, and maintaining” the elementary school.
The agreement set the terms for reopening and repairing the historic school, which opened in December of 2023. “The Parties recognize that the use of the Historic Building is an integral part of the overall solution to provide an educational facility for students on the island. The School Board shall provide all necessary services to meet the needs of students as set forth herein. The services shall be provided at the sole discretion of the School Board in compliance with applicable law, regulation, and policy.”
This past year, the school board expanded the proximity zone boundaries to Summerlin Road and San Carlos Boulevard to allow as many students as possible to attend the school. The school also made it easier for other students outside the zone to attend the Beach Elementary School in order to increase enrollment.
Enrollment increased from about 52 students after Hurricane Ian (enrollment was at about 80 students before the hurricane) to 68 students before Hurricane Milton closed the school.
The agreements states that if enrollment increase, the school board shall provide the necessary facilities and staff to accommodate the increased student enrollment in compliance with applicable law, regulation, and policy. The decision is left to the School Board’s sole discretion to determine what is the necessary facility and staff ratios to accommodate the increased enrollment not to exceed 150 students.
The school board shall bear the full costs of operating and maintaining the elementary school through the 2026-27 school year.
No later than November of 2026, the School Board and Town, through their respective designees, shall review the enrollment numbers at the school and begin the discussion as to the future of the school with the following options:
If student enrollment meets the threshold that the Beach School can sustain itself at
the same level as the other barrier island schools, namely Pine Island Elementary School and the Sanibel School the school board shall maintain Fort Myers Beach Elementary as a school operated by the School District of Lee County.
The annual cost calculation shall be based on the annual cost per student report submitted to the Department of Education (“DOE”) at the end of each fiscal year. Parents have been at odds with school officials on what the accurate cost per student is. The school district cut the budget of the school by $200,000 between 2022 and the 2024-25 school year.
The Town may provide a financial contribution towards the maintenance and operation of the elementary school if it is unable to financially sustain itself at the same level as barrier island schools as set forth in the cost per student report. The Town’s contribution shall be reflective of the difference at the end of the third year after the Phase I FMBE improvements are completed between FMBE’s operational costs and that of other Barrier Island Schools.
If after the 2026-27 school year, the elementary school is unable to financially sustain itself at the same level as other barrier island schools, or if the town is unable to provide a financial contribution to cover the difference, the town may assume the responsibility for the full operation of the school by turning it into a municipal charter school in 2027-28.
The school Board will assist the town in expediting the application process for the charter school. At the time the charter school is approved, the School Board will have no further obligation for the elementary school. The town may also collect funds for the startup operation of the charter school.
The school board and town would have come to an agreement for either the sale or lease of the facilities for the operation of the charter school. This provision does not prohibit other charter options from being considered.
If, at any point in time after the 2026-27 school year, the town is unable to the cover the cost per student difference or move forward with a charter school option, the school board may permanently close the school.
Town Responsibilities:
The Town of Fort Myers Beach shall actively recruit students to increase enrollment by engaging with their community and local businesses. Parents, PTO, community members, community leaders, and businesses will work on community outreach.
An ad-hoc committee consisting of no more than 10 people and must include members of the community, to include at least one (1) parent with a student attending Fort Myers Beach Elementary, one (1) representative from the Fort Myers Beach business community, one (1) Town Council representative, (5) representatives from the School Board representing operations and planning, academics, Principal of FMBE, budget and finance as well as other members of School Board leadership. They are to meet at least twice a year.
The Town may provide a financial contribution towards the maintenance and operation if it is unable to financially sustain itself at the same level as Barrier Island Schools as set forth in the cost per student report.
At the conclusion of fiscal year 2026-27, if there are not enough students enrolled for the school to financially sustain itself, as determined by the School Board.
The town also agrees to provide aftercare school programs at Bay Oaks.
Phased timeline for renovation and rebuild
The agreement required that the school board be responsible for renovating the Historic Building to meet the temporary needs of the current enrollment, which it did when the school reopened in December of 2023.
By fiscal year 2024-2025 (this past school year), the school board was required to build additional facilities to accommodate a permanent kitchen/cafe and/or additional classroom space for student enrollment as approved by the School Board. That hasn’t happened yet and has been a top source of concern for parents.
“They owe us what they owe us,” Schmucker said. “They can’t keep dragging their feet.”
School Board Chair Samuel Fisher said he is still reviewing all options. “I am still evaluating all the options and have not made any individual decision at this time,” Fisher said in an email.
Fisher, said he believes the school district is operating within the terms of the interlocal agreement. Fisher, who took part in the call last week with Congressman Donalds, Superintendent Carlin, Mayor Dan Allers, and staff, said the teleconference “went well. The Congressman and his team were brought up to speed on the issues related to Fort Myers Beach Elementary School. Like the rest of the community, he will continue to be kept informed as things progress. I appreciate the time he took to discuss Fort Myers Beach Elementary with us.”
Carlin has declined multiple interview requests over the past month.
School district spokesman Rob Spicker said Dr. Carlin “continues to review the consultant’s report, collaborate with district staff and town officials, and will present a recommendation to the School Board when ready.”
Phase II
Under phase two of the agreement, the district would construct additional facilities for the school to accommodate up to 150 students. If the school can lower costs similar to the barrier island schools with increased enrollment, the district would continue operating the school past the 2026-27 school year.
The school board retains sole authority to make decisions as may be deemed necessary to adhere to the timelines and costs outlined herein, and to complete the improvements within the time and in the manner specified herein.
Default
If either the school district or town fail to fulfill its obligations under this agreement that party will be in default. The other party to the agreement shall provide written notice of the default and an opportunity to cure the default within 60 days of receipt of said notice. If the defaulting Party fails to cure the default within said time, the other party may terminate the agreement for cause or breach by providing written notice of termination
Unavoidable delay extends term of agreement
In the event that either the School Board or the Town are unable to meet the deadline for their respective obligations under this Agreement due to any circumstance beyond the control of the School Board and/or Town, including without limitation, the occurrence of a force majeure event, then the time for such performance shall be extended as required by such circumstance or the occurrence of such event. Each party shall be responsible for any additional costs arising out of the delay and affecting their respective obligations under this Agreement. The term “Force Majeure” shall include without limitation labor strikes (whether lawful or not), fire, tropical cyclone, adverse weather conditions, unavoidable casualties, inability to obtain labor or materials, vandalism, terrorism, civil unrest, moratoriums, financial emergencies and the like.
“Time is of the essence”
The interlocal agreement states that the parties “acknowledge that time is of the essence in the performance of all obligations.”
Dispute resolution
If the town was to file a dispute and claim the school district was violating the interlocal agreement, the town would have to notify the school district in writing of the specified breach “and seek in good faith to resolve the dispute through negotiation. If the Parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party.