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202.4 Vacancies

Code No.  202.4                                                                   

VACANCIES

A vacancy occurs as provided by law, which includes but is not limited to when a board member dies, resigns or leaves office. or fails to reside in the school district or director district.. 

If a vacancy occurs prior to the expiration of a term of office, the vacancy may be filled by board appointment within thirty days of the vacancy.  The newly-appointed board member shall 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 does not fill a vacancy by appointment within thirty days after the vacancy occurs, 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:         Good v. Crouch, 397 N. W. 2d 757 (Iowa 1986).  Board of

Directors of Grimes ISD v. Polk Co. Board of Public Instruction, 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).

Iowa Code 21.6 (3) (d); 69; 277.29-.30; 279.6-.7 (1995).  1944 Op. Att’y. Gen. 39.

 

Cross Reference:         201 Board of Directors’ Elections

                                    202 Board of Directors Members

Approved  May 12, 2008   

Reviewed   April 8, 2013          

Revised  January 8, 2018