On Monday the Fort Myers Beach Town Council will initiate its first action against the Lee County School District which the town believes is not living up to its agreement to rebuild the Beach School.
The town will vote on a resolution to initiate a conflict resolution process prior to possibly filing a lawsuit. The School District has still not made an official decision on whether the Beach School will reopen, however, the community sees the writing on the wall.Â
Here’s an excerpt from the resolution the Town Council will consider Monday: “Recent events have created a doubt in the mind of the Town Council regarding the School Board’s willingness to adhere to the terms and conditions, as well as the spirit of the Rebuild Agreement, as evidenced by actions indicating an intent to close the Fort Myers Beach Elementary School at the conclusion of fiscal year 2026-27 due to an insufficient number of students for Fort Myers Beach Elementary to financially sustain itself, as determined by the School Board in its sole discretion based on the Cost Per Student Report. Section 164, Florida Statutes, the Governmental Conflict Resolution Act, requires governmental entities to engage in negotiation and mediation prior to the initiation of litigation to enforce rights and obligations in agreements between one another. The Town recognizes the Rebuild Agreement itself requires written notice of breach and the pursuit of good faith efforts to resolve disputes through negotiation and nonbinding alternative dispute resolution prior to litigation. The Town Council finds it in the best interest of the public to formally initiate the statutory conflict resolution process as provided in Chapter 164, Florida Statutes and the dispute resolution as required in the Rebuild Agreement.”