Senate File 69       



                                 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.  Vacancies Except 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