SIMON IGNORED STATE LAW AND HAS ENGAGED IN POLITICAL BRINKMANSHIP
October 17, 2021
Superintendent Simon has now publicly defied the State, asserting in words and actions she will not comply with the latest guidance from the Florida Department of Health (DOH). These unbelievable actions open the District up for yet more future liability, audits, oversight, and budgetary penalties. While the Superintendent has discretion in how she manages the executive functions of the District, she does not have any ability to pick and choose which laws she and the District will follow.
The latest guidance includes DOH rules (64DER21-16) allowing parents of children not showing any signs of illness to send their children to school. The rules also require an opt-out to any face mask requirement at the parents’ “sole discretion.” This guidance is consistent with the Florida Constitution’s fundamental right to a free, high-quality education, as well as its right to privacy repeatedly endorsed, recently, by the local court as well as the First District Court of Appeals.
It is clear Simon does not personally agree with the DOH rules. But she is not qualified in epidemiology or medical issues, nor is she a public-policy expert or a legislator. She does not make public health policy. Nor does the Board. That is the State’s job.
Simon’s statements and actions defying the law are just lawlessness. Lawlessness is not conducive to children’s well-being. Simon’s usurping of the roles and responsibilities of superior branches of government exposes her woeful lack of understanding of basic operation of law.
Further, Simon’s unapologetic defiance of state law opens the District up to yet more liability, including, potentially, individual liability of School Board members. Her lawlessness is pure brinkmanship, raising the stakes between the District and Florida’s state government, and invites escalation from the State. It is making ACPS a pariah in state government, and manufacturing outrage and distrust among parents and the general public.
Simon’s flagrant disregard to follow the laws or consider the long-term effects of her decisions reflects her profound lack of executive skill and will leave massive wreckage in her wake long after she is gone. We need a more diplomatic superintendent who can repair the breaches of trust and damaged relationships with the State government, and who understands the basics of how the legal system works, especially when applied to schools and school districts.
Take Action
The Alliance for Responsible Government encourages you to voice your opinions with the Board Members of Alachua County Public Schools.
- All five Board Members, boardmembers@gm.sbac.edu
- Dr. Leanetta McNealy (Chair), mcnealy@gm.sbac.edu
- Mrs. Tina Certain (Vice Chair), certain@gm.sbac.edu
- Dr. Gunnar Paulson, paulson@gm.sbac.edu
- Mr. Robert Hyatt, rob.hyatt@gm.sbac.edu
- Mrs. Mildred Russell, russellmc@gm.sbac.edu
- Phone: (352) 955-7546
- Mail: 620 East University Avenue, Gainesville, FL 32601
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