A vacancy occurs as provided by law, which icnludes but is not limited to when a board member dies, resigns or leaves office, or fails to reside int he school district or director district.
If a vacancy occurs prior to the expiration of the term of office, the vacancy shall be filled by a Board appointment within thirty days of the vacancy. The board shall publish notice stating that the board intends to fill the vacancy by appoints, but the electors of the school district have the right to file a petition within 14 days of the publication of the notice requiring the vacancy be filled by a special election.
A person appointed to fill a vacancy shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special elecdtion for the school district, in which event a successor shall be elected at the intervening special election.
If the Board is unable to fill a vacancy by appointment within thirty days after the vacancy occurs or if a valid petition is submitted, the Board secretary shall call a special election to be held no sooner than sixty days and not later than seventy days after the vacancy occurred. A Board member elected at the special election shall serve the remaining portion of the unexpired term.
Legal Reference: Iowa Code 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
8-02 (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
Approved: 07/18/1995
Reviewed: 10/09/2003; 11/9/11; 10/14/15; 8/19/20
Revised: 7/13/2006; 8/10/16