Superintendent says hurricanes have “altered the circumstances” in letter to Fort Myers Beach over reopening elementary school

School District of Lee County Superintendent Dr. Carlin made clear In a letter sent to Town of Fort Myers Beach Manager Will McKannay that she believes the district is not in violation of an interlocal agreement as the town has alleged, through the continued closure of the Fort Myers Beach Elementary School since Hurricane Milton last year. The letter provides little indication the district is in no hurry to reopen Fort Myers Beach Elementary School.

The letter lays the groundwork for how the school district will oppose the town council’s efforts to reopen the elementary school during an upcoming mediation scheduled for Wednesday, Nov. 5.

Carlin’s letter cites damage to the school from Hurricane Helene and Hurricane Milton last year.

Carlin said that since the interlocal agreement was approved two years ago by the school board and Town of Fort Myers Beach Council, “the community has endured two additional hurricanes, Helene and Milton, renewing damage to the facility. These events have materially altered the circumstances and assumptions that supported the 2023 interlocal agreement and have significantly diminished the feasibility of achieving its original purpose: maintaining a safe, sustainable, and educationally viable school presence on the island.”

The letter was sent from Carlin to McKannay two weeks after the Town of Fort Myers Beach Council voted to initiate a mediation and conflict resolution process to force the School District of Lee County to reopen the Fort Myers Beach Council, the superintendent cited multiple court cases to bolster her position, illustrating and stressing the power of the school board to make decisions as to when, how and if to reopen the Fort Myers Beach Elementary School.

If mediation between the two sides are unsuccessful, the Town of Fort Myers Beach could sue the school district and ask a court to order the school district to reopen the school per the interlocal agreement.

The town, growing impatient after months of inaction by the school district superintendent and school board to take any steps toward reopening the school, initiated mediation proceedings last month.

One day after then town voted to initiate the mediation, the School District of Lee County School Board voted to approve issuing a Castaldi Report to the state which seeks permission to raze the elementary school campus if the school board elects to do so.

The school board has given mixed messages, largely vague in nature, of what will happen to the school. The school board has shown no hurry in reopening the school with a minority of members saying they supported rebuilding a new school but no initiative has been shown in that regard.

The vote by the school biard to submit the 141-page Castaldi Report to the state followed a surprise presentation from Dr. Kenneth Savage, chief strategy officer for the school, in which be said razing the campus could be an option. While Savage said rebuilding the school was also an option, the Castaldi Report issued to the state asks permission to raze the campus.

Carlin argued in her letter to McKannay that fiscal issues give the right to the school district to delay the reopening of the school.

In her letter to McKannay, Carlin said the interlocal agreement “provides that Fort Myers Beach Elementary shall be operated ‘in a sound and fiscally responsible way.’ That condition frames every obligation under the agreement and establishes fiscal prudence as a continuing precondition to performance.”

Carlin said the district “remains fully committed to participating in the upcoming conflict-assessment meeting in good faith” but that she does not believe the interlocal agreement between the town and school district can be “interpreted to transfer, limit, or condition the School Board’s constitutional and statutory powers.”

In the letter, Carlin states that state laws gives “school boards the exclusive constitutional authority to operate, control, and supervise the public schools within their respective districts. Florida law further reinforces this framework by assigning to school boards the sole responsibility for the acquisition, construction, maintenance, and disposition of educational facilities.”

The Board, Carlin said, has the “sole discretion” to determine facility needs and student services at the elementary school.

“The Board remains committed to honoring the ILA (interlocal agreement) in good faith,” Carlin said. “However, it cannot lawfully interpret or apply the agreement in any manner that would override, diminish, or infringe upon its constitutional duty to operate, control, and supervise the public schools within Lee County.”

Carlin lays the foundation for the district’s legal defense of its actions not to reopen the school by saying that “continuing large-scale reconstruction under the present conditions, without first reviewing feasibility and purpose, would be inconsistent with both the interlocal agreement’s foundational intent and the public policy requiring sound stewardship of taxpayer funds. Florida law does not compel performance that, due to materially changed conditions, would no longer serve the agreement’s operative purpose or would result in the imprudent or inequitable use of public resources. The District’s reassessment is thus not only reasonable but necessary to

fulfill its statutory duty and constitutional charge to protect the public interest.”

In her letter, Carlin also argues against holding the mediation session at Fort Myers Beach Town Hall. Carlin said other Lee County residents have expressed “interest and concern” about the school, who may want to attend.

Carlin and the school district exchanged letters in which McKannat forcefully argued that the town had the right to set the location of the mediation meeting and that the school district did not have veto power.

The school district asked for a location off island, with Carlin suggesting the Village of Estero. Carlin and school district officials refused to attend a mediation session in the town, arguing they would either attend a mediation session island or a virtual session. The town ultimately offered, theougj McKannay, St. Leo the Great Catholic Church in Bonita Springs.

Fort Myers Beach parent Monica Schmucker, who was involved for months with an ad-hoc committee of community members and school parents who were working with administrators on reopening the school, said Carlin’s decision not to meet with the Town Council and public at Fort Myers Beach Town Hall was “very telling” about her feelings for the community.

“They think they are untouchable,” Schmucker said. “I don’t think the Superintendent has given any indication she does care. I don’t think she has any interest in the kids of Fort Myers Beach at all.”

Schmucker said she thinks the town is acting in good faith to bring forth a resolution but doesn’t expect the district to “play ball.”

Schmucker said she thinks the school district will just be attending the mediation “to check a box.”

Fort Myers Beach Manager Will McKannay did not return a message seeking comment on the letter.

Wednesday’s mediation meeting will begin at 1 p.m. The public is welcome to attend and public comment will be allowed.