Bill Text: IA SF69 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to filling school board vacancies. (See SF 259.)
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-01-27 - Subcommittee, Wilhelm, Hart, and Schultz. S.J. 159. [SF69 Detail]
Download: Iowa-2015-SF69-Introduced.html
Senate File 69 - Introduced SENATE FILE BY WILHELM A BILL FOR 1 An Act relating to filling school board vacancies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1719XS (1) 86 aw/sc PAG LIN 1 1 Section 1. Section 279.6, Code 2015, is amended to read as 1 2 follows: 1 3 279.6 Vacancies == qualification == tenure. 1 4 1. a.VacanciesExcept as provided in paragraph "b" and 1 5 subsection 2, vacancies occurring among the officers or members 1 6 of a school board shall be filled by the board by appointment. 1 7 A person so appointed to fill a vacancy in an elective office 1 8 shall hold office until a successor is elected and qualified 1 9 pursuant to section 69.12. To fill a vacancy occurring among 1 10 the members of a school board, the board shall publish notice 1 11 in the manner prescribed by section 279.36, stating that the 1 12 board intends to fill the vacancy by appointment but that 1 13 the electors of the school district have the right to file 1 14 a petition requiring that the vacancy be filled by a special 1 15 election conducted pursuant to section 279.7. The board may 1 16 publish notice in advance if a member of the board submits a 1 17 resignation to take effect at a future date. The board may 1 18 make an appointment to fill the vacancy after the notice is 1 19 published or after the vacancy occurs, whichever is later. 1 20 b. If within fourteen days after publication of a notice 1 21 required pursuant to paragraph "a", or within fourteen 1 22 days after the appointment is made, there is filed with 1 23 the secretary of the school board a petition requesting a 1 24 special election to fill the vacancy, an appointment to fill 1 25 the vacancy is temporary and the board shall call a special 1 26 election pursuant to section 279.7, to fill the vacancy for 1 27 the remaining balance of the unexpired term. When the board 1 28 is reduced below a quorum, the secretary of the board, or if 1 29 there is no secretary, the area education agency administrator, 1 30 shall call a special election in the district, subdistrict, or 1 31 subdistricts, as the case may be, to fill the vacancies. The 1 32 petition must be signed by eligible electors equal in number 1 33 to not less than one hundred or thirty percent of the number of 1 34 voters at the last preceding regular school election, whichever 1 35 is greater. 2 1 c. A person appointed to fill a vacancy in an appointive 2 2 office shall hold such office for the residue of the unexpired 2 3 term and until a successor is appointed and qualified. Any 2 4 person so appointed shall qualify within ten days thereafter in 2 5 the manner required by section 277.28. 2 6 2. A vacancy shall be filled at the next regular school 2 7 election if a member of a school board resigns from the board 2 8 not later than forty=five days before the election and the 2 9 notice of resignation specifies an effective date at the 2 10 beginning of the next term of office for elective school 2 11 officials. The president of the board shall declare the office 2 12 vacant as of the date of the next organizational meeting. 2 13 Nomination papers shall be received for the unexpired term of 2 14 the resigning member. The person elected at the next regular 2 15 school election to fill the vacancy shall take office at the 2 16 same time and place as the other elected school board members. 2 17 Sec. 2. Section 279.7, subsection 1, Code 2015, is amended 2 18 to read as follows: 2 19 1. If a vacancy or vacancies occur among the elective 2 20 officers or members of a school board and the remaining 2 21 members of the board have not filled the vacancy within thirty 2 22 days after the vacancy becomes known by the secretary or the 2 23 board or if a valid petition is submitted to the secretary 2 24 of the board pursuant to section 279.6, subsection 1, or 2 25 when the board is reduced below a quorum, the secretary of 2 26 the board, or if there is no secretary, the area education 2 27 agency administrator, shall call a special election in the 2 28 district, subdistrict, or subdistricts, as the case may be, 2 29 to fill the vacancy or vacancies. The county commissioner of 2 30 elections shall publish the notices required by law for special 2 31 elections, and the election shall be held not sooner than 2 32 thirty days nor later than forty days after the thirtieth day 2 33 following the day the vacancy becomes known by the secretary or 2 34 the board. If the secretary fails for more than three days to 2 35 call an election, the administrator shall call it. 3 1 EXPLANATION 3 2 The inclusion of this explanation does not constitute agreement with 3 3 the explanation's substance by the members of the general assembly. 3 4 This bill relates to the filling of school district board 3 5 vacancies. 3 6 The bill maintains current law for the filling of a vacancy 3 7 that occurs not later than 45 days before a regular school 3 8 election. The bill also maintains current law requiring that 3 9 the school board fill all other vacancies occurring among the 3 10 officers and members of the school board by appointment. 3 11 The bill requires that the board publish notice of the intent 3 12 of the board to fill a vacancy among the members of a school 3 13 board by appointment, but that the electors of the school 3 14 district have the right to file a petition requiring that the 3 15 vacancy be filled by a special election. The bill allows the 3 16 board to publish the notice in advance of a vacancy if the 3 17 officer or member of the board submits a resignation that will 3 18 take effect at a future date. The bill allows the board to 3 19 make an appointment after the notice is published or after the 3 20 vacancy occurs, whichever is later. The bill provides that the 3 21 appointment is considered temporary if a valid petition to call 3 22 a special election is filed with the secretary of the school 3 23 board within 14 days after publication of the notice or within 3 24 14 days after the appointment is made. 3 25 The bill provides that a valid petition must be signed by 3 26 at least 100 eligible electors or eligible electors equaling 3 27 at least 30 percent of the number of voters at the preceding 3 28 regular school election, whichever is greater. 3 29 The bill requires that a special election be called by the 3 30 school board upon the filing of a valid petition. The special 3 31 election shall be held in accordance with requirements under 3 32 current law for filling school district board vacancies. If 3 33 the board is reduced below a quorum, the secretary of the 3 34 board, or if there is no secretary, the area education agency 3 35 administrator, shall call a special election in the district, 4 1 subdistrict, or subdistricts, as the case may be, to fill the 4 2 vacancies. LSB 1719XS (1) 86 aw/sc
