A vacancy occurs as provided by law, which includes but is not limited to, when a board member dies, resigns, forfeits, fails to reside in the school district or director district, or otherwise leaves the office.
If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within 30 days of the vacancy. The newly-appointed board member will hold the position until the next scheduled school election. At that time the appointed board member may run for a three year term, if one is available, or run for the remainder of the unexpired term.
If the board is unable to fill a vacancy by appointment within 30 days after the vacancy occurs, the board secretary will 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 will 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 §§ 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).
Cross Reference: 201 Board of Directors' Elections
202 Board of Directors Members
202.3 Term of Office
Approved 9-19-05 Reviewed 7-21-10, 10-19-16, 3/23/2022 Revised 9-18-19, 3/23/2022