202.4 VACANCIES

A vacancy occurs when a board members resigns, forfeits or otherwise leaves office. A vacancy also includes, but is not limited to, the following: failure to be properly elected, failure to qualify within the time fixed by the law, failure to reside in the school district or director district, a court order declaring the seat vacant, conviction of a felony, three violations of the open meetings law, or conviction of a public offense in violation of the oath of office.

If a vacancy occurs prior to the expiration of a term of office, the vacancy shall be filled by board appointment within 30 days of the vacancy. The board shall publish notice stating that the board intends to fill the vacancy by appointment, but the electors of the school district have the right to file  petition within 14 days of the publication of the notice requiring the vacancy be filled by special election.

The newly appointed board member shall hold the position until the next scheduled school election, unless there is an intervening special election. At that time the appointed board member may run for a four year term, if one is available, or run for the remainder of the unexpired term.

Interested parties must submit a Letter of Intent to the Board Secretary 5 business days prior to the board meeting in which the appointment will be made. Current board members will nominate and appoint a new board member from the submitted letters.

If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs, the board secretary shall call a special election to be held no sooner than 60 days and not later than 70 days after the vacancy occurred. A board member elected at the special election shall serve the remaining portion of the unexpired term.

 

NOTE: Special elections called because the board is unable to fill a vacancy by appointment within 30 days or called because a valid petition has been submitted are to be held 60-70 days after the vacancy occurs. These special elections are different than the special school elections (commonly called public measure elections), which are held on four specific dates each year as outlined in Iowa Code. The special elections called to fill a vacancy can be held at any time of the year.

Legal Reference:    Iowa Code §§ 21.6; 69; 277.29; 279

                                    Good v. Crouch, 397 N.W.2d 757 (Iowa 1986).

Board of Directors of Grimes Independent School Dist. v. County Board of Public Instruction of Polk Co., 257 Iowa 106, 131 N.W.2d 802 (1965).

Board of Directors of Menlo Consol. School Dist. v. Blakesburg, 240 Iowa 910, 36 N.W.2d 751 (1949).    1944 Op. Att'y Gen. 39.

Cross Reference:    201   Board of Directors’ Elections

            202   Board of Directors Members

Approved:    2/13/78        Reviewed:    10/18/23        Revised:   1-15-20