A vacancy occurs when a board member resigns, forfeits or otherwise leaves the 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 law, failure to reside in the school district or director district, a court order.
If a vacancy occurs prior to the expiration of a term of office, the vacancy will be filled by board appointment within thirty (30) days of the vacancy. The newly appointed board member will hold the position until the next scheduled school election.
If the board is unable to fill a vacancy by appointment within thirty (30) days after the vacancy occurs, the board secretary will call a special election to be held no sooner than sixty (60) days and not later than seventy (70) days after the vacancy occurred. A board member elected at the special election will serve the remaining portion of the un-expired term.
Legal Reference: Good vs. Crouch, 397 N.W. 2d, 757 (Iowa 1989).
Board of Directors of Grimes Independent School District vs. County Board of Public instruction of Polk Co., 257 Iowa 106, 131 N.W. 2d 802 (1965).
910, 36 N.W. 2d 751 (1949).
Iowa Code §§ 21.6(3)(d); 69l 277.29-.30; 279.6,.7 (2011).
1944 Op. Att’y Gen. 39.
Cross Reference: 201 Board of Directors’ Elections
202 Board of Directors’ Members
Adopted: 01/20/1983
Revised: 03/19/2012
Reviewed: 02/20/2023
