(a) A vacancy shall occur on a school district board of directors if a board member:(1) Moves his or her bona fide permanent residence outside the boundaries of the school district;(2) Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:(A) Military service of the board member; or(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;(3) Fails to physically attend six (6) regularly scheduled board meetings of the school district board of directors in a calendar year unless the failure is due to:(A) Military service of the board member; or(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;(4) Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:(A) Military service of the board member; or(B) A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;(5) Is convicted of a:(A) Felony in accordance with § 6-13-612; or(B) Violation of the ethical guidelines and prohibitions under § 6-24-101 et seq.;(6) Is called to active military duty in accordance with § 6-13-613;(7) Resigns from the school district board of directors;(8) Dies; or(9) Is subject to a recall petition that is approved by a majority vote of the electors qualified to vote for the office held by the member to be removed.
(1) Moves his or her bona fide permanent residence outside the boundaries of the school district;
(2) Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:(A) Military service of the board member; or(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(A) Military service of the board member; or
(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(3) Fails to physically attend six (6) regularly scheduled board meetings of the school district board of directors in a calendar year unless the failure is due to:(A) Military service of the board member; or(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(A) Military service of the board member; or
(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(4) Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:(A) Military service of the board member; or(B) A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;
(A) Military service of the board member; or
(B) A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;
(5) Is convicted of a:(A) Felony in accordance with § 6-13-612; or(B) Violation of the ethical guidelines and prohibitions under § 6-24-101 et seq.;
(A) Felony in accordance with § 6-13-612; or
(B) Violation of the ethical guidelines and prohibitions under § 6-24-101 et seq.;
(6) Is called to active military duty in accordance with § 6-13-613;
(7) Resigns from the school district board of directors;
(8) Dies; or
(9) Is subject to a recall petition that is approved by a majority vote of the electors qualified to vote for the office held by the member to be removed.
(b) (1) If credible evidence of a violation of subdivisions (a)(1)-(4) of this section is presented to the president, vice president, or secretary of a school district board of directors, a majority of the members of the school district board of directors shall:(A) Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and(B) Hold a hearing on the existence of a vacancy on the school district board of directors.(2) (A) At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.(B) If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:(i) Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or(ii) Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.(3) At a hearing held under subdivision (b)(1)(B) of this section, a majority of the members of the school district board of directors, excluding the board member whose eligibility is challenged, shall:(A) Be presented with written or oral evidence;(B) Act as the finder of fact to determine whether or not a vacancy exists; and(C) Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.(4) A vacancy under subdivisions (a)(1)-(3) of this section does not exist until an affirmative vote has taken place under subdivision (b)(3)(C) of this section.(5) (A) The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.(B) A written transcript of the hearing shall be made available upon request.(6) (A) Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.(B) The notice shall:(i) Include a statement of the removal, the date of the vote, and the right to appeal;(ii) Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and(iii) Be provided to the county clerk for the county clerk's records.
(1) If credible evidence of a violation of subdivisions (a)(1)-(4) of this section is presented to the president, vice president, or secretary of a school district board of directors, a majority of the members of the school district board of directors shall:(A) Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and(B) Hold a hearing on the existence of a vacancy on the school district board of directors.
(A) Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and
(B) Hold a hearing on the existence of a vacancy on the school district board of directors.
(2) (A) At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.(B) If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:(i) Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or(ii) Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.
(A) At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.
(B) If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:(i) Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or(ii) Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.
(i) Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or
(ii) Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.
(3) At a hearing held under subdivision (b)(1)(B) of this section, a majority of the members of the school district board of directors, excluding the board member whose eligibility is challenged, shall:(A) Be presented with written or oral evidence;(B) Act as the finder of fact to determine whether or not a vacancy exists; and(C) Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.
(A) Be presented with written or oral evidence;
(B) Act as the finder of fact to determine whether or not a vacancy exists; and
(C) Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.
(4) A vacancy under subdivisions (a)(1)-(3) of this section does not exist until an affirmative vote has taken place under subdivision (b)(3)(C) of this section.
(5) (A) The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.(B) A written transcript of the hearing shall be made available upon request.
(A) The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.
(B) A written transcript of the hearing shall be made available upon request.
(6) (A) Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.(B) The notice shall:(i) Include a statement of the removal, the date of the vote, and the right to appeal;(ii) Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and(iii) Be provided to the county clerk for the county clerk's records.
(A) Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.
(B) The notice shall:(i) Include a statement of the removal, the date of the vote, and the right to appeal;(ii) Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and(iii) Be provided to the county clerk for the county clerk's records.
(i) Include a statement of the removal, the date of the vote, and the right to appeal;
(ii) Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and
(iii) Be provided to the county clerk for the county clerk's records.
(c) (1) If a vacancy occurs on the school district board of directors, the vacancy shall be filled by the appointment of an individual who is a qualified elector of the school district and who resides in the same zone, if applicable, as required by the vacant position by:(A) A majority vote of the remaining directors within ninety (90) days; or(B) The county quorum court of the county in which a majority of the residents are represented by the school district board of directors' vacated position if:(i) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or(ii) The school district board of directors fails to fill the vacancy within the time permitted under subdivision (c)(1)(A) of this section.(2) (A) At least thirty (30) days before an appointment is made by a school district board of directors or a county quorum court, the school district shall publish a notice of the vacancy on the school district board of directors, the date of the meeting when the appointment shall be made to fill the vacancy, and the requirements for being considered to fill the vacancy, including without limitation the process for consideration to fill the vacancy required under subdivision (c)(3) of this section:(i) In a local newspaper covering the school district zone or area;(ii) (a) On the homepage of the school district's official website.(b) The school district shall include blank copies of any required forms with the notice required under subdivision (c)(2)(A)(ii)(a) of this section; and(iii) Utilizing existing communication systems, including without limitation text messages, phone messages, and email, that the school district ordinarily employs to contact parents and legal guardians of students enrolled in the school district.(B) A school district shall promptly give notice of the existence of a vacancy and shall submit evidence of the publication of a vacancy required under subdivision (c)(2)(A) of this section to the county clerk of the county in which the school district is administratively domiciled.(3) A qualified elector who resides in the school district or school district zone affected by a school district board of directors' vacancy who wishes to be considered to fill the vacancy shall submit a petition to the school district board of directors or county quorum court no later than ten (10) days before the date of the meeting specified in the notice of the vacancy published under subdivision (c)(2)(A) of this section that:(A) Is signed by at least twenty (20) qualified electors from the vacant school district or school district zone position; and(B) States his or her intention to be considered for the appointment to fill the vacancy.(4) (A) The school district board of directors or quorum court shall:(i) Acknowledge in writing the receipt of a petition under subdivision (c)(3) of this section; and(ii) Promptly inform a candidate if his or her petition has been found to be insufficient or invalid:(a) That his or her petition has been found to be insufficient or invalid; and(b) What the candidate is required to do to cure the petition before the deadline.(B) A school district board of directors or county quorum court may fill a vacancy only with a candidate who has submitted a timely, valid, and sufficient petition under this section.(5) (A) An elector who submits a sufficient and valid petition under this section shall be given at least five (5) minutes to present his or her candidacy in a public meeting of the remaining members of the school district board of directors or the county quorum court before either the school district board of directors or county quorum court votes to fill the vacancy.(B) A school district board of directors or a county quorum court may request reasonable information from a candidate to fill a vacancy under this section, including without limitation a request for written answers to questions before a public meeting is held.(C) (i) A school district board of directors may vote to decline to fill the vacancy.(ii) If a school district board of directors votes to decline to fill a vacancy under subdivision (c)(5)(C)(i) of this section, the appointment shall pass immediately to the quorum court of the county in which a majority of the residents represented by the vacant position reside.(6) All matters regarding the filling of a vacancy on a school district board of directors shall be discussed and acted upon by a school district board of directors or a county quorum court in an open public meeting and not in an executive session.(7) If, after substantially complying with subdivisions (c)(1)-(6) of this section, a school district board of directors or a county quorum court has not received a valid and sufficient petition under this section, the school district board of directors or county quorum court may use an alternative process to fill the vacancy.
(1) If a vacancy occurs on the school district board of directors, the vacancy shall be filled by the appointment of an individual who is a qualified elector of the school district and who resides in the same zone, if applicable, as required by the vacant position by:(A) A majority vote of the remaining directors within ninety (90) days; or(B) The county quorum court of the county in which a majority of the residents are represented by the school district board of directors' vacated position if:(i) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or(ii) The school district board of directors fails to fill the vacancy within the time permitted under subdivision (c)(1)(A) of this section.
(A) A majority vote of the remaining directors within ninety (90) days; or
(B) The county quorum court of the county in which a majority of the residents are represented by the school district board of directors' vacated position if:(i) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or(ii) The school district board of directors fails to fill the vacancy within the time permitted under subdivision (c)(1)(A) of this section.
(i) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or
(ii) The school district board of directors fails to fill the vacancy within the time permitted under subdivision (c)(1)(A) of this section.
(2) (A) At least thirty (30) days before an appointment is made by a school district board of directors or a county quorum court, the school district shall publish a notice of the vacancy on the school district board of directors, the date of the meeting when the appointment shall be made to fill the vacancy, and the requirements for being considered to fill the vacancy, including without limitation the process for consideration to fill the vacancy required under subdivision (c)(3) of this section:(i) In a local newspaper covering the school district zone or area;(ii) (a) On the homepage of the school district's official website.(b) The school district shall include blank copies of any required forms with the notice required under subdivision (c)(2)(A)(ii)(a) of this section; and(iii) Utilizing existing communication systems, including without limitation text messages, phone messages, and email, that the school district ordinarily employs to contact parents and legal guardians of students enrolled in the school district.(B) A school district shall promptly give notice of the existence of a vacancy and shall submit evidence of the publication of a vacancy required under subdivision (c)(2)(A) of this section to the county clerk of the county in which the school district is administratively domiciled.
(A) At least thirty (30) days before an appointment is made by a school district board of directors or a county quorum court, the school district shall publish a notice of the vacancy on the school district board of directors, the date of the meeting when the appointment shall be made to fill the vacancy, and the requirements for being considered to fill the vacancy, including without limitation the process for consideration to fill the vacancy required under subdivision (c)(3) of this section:(i) In a local newspaper covering the school district zone or area;(ii) (a) On the homepage of the school district's official website.(b) The school district shall include blank copies of any required forms with the notice required under subdivision (c)(2)(A)(ii)(a) of this section; and(iii) Utilizing existing communication systems, including without limitation text messages, phone messages, and email, that the school district ordinarily employs to contact parents and legal guardians of students enrolled in the school district.
(i) In a local newspaper covering the school district zone or area;
(ii) (a) On the homepage of the school district's official website.(b) The school district shall include blank copies of any required forms with the notice required under subdivision (c)(2)(A)(ii)(a) of this section; and
(a) On the homepage of the school district's official website.
(b) The school district shall include blank copies of any required forms with the notice required under subdivision (c)(2)(A)(ii)(a) of this section; and
(iii) Utilizing existing communication systems, including without limitation text messages, phone messages, and email, that the school district ordinarily employs to contact parents and legal guardians of students enrolled in the school district.
(B) A school district shall promptly give notice of the existence of a vacancy and shall submit evidence of the publication of a vacancy required under subdivision (c)(2)(A) of this section to the county clerk of the county in which the school district is administratively domiciled.
(3) A qualified elector who resides in the school district or school district zone affected by a school district board of directors' vacancy who wishes to be considered to fill the vacancy shall submit a petition to the school district board of directors or county quorum court no later than ten (10) days before the date of the meeting specified in the notice of the vacancy published under subdivision (c)(2)(A) of this section that:(A) Is signed by at least twenty (20) qualified electors from the vacant school district or school district zone position; and(B) States his or her intention to be considered for the appointment to fill the vacancy.
(A) Is signed by at least twenty (20) qualified electors from the vacant school district or school district zone position; and
(B) States his or her intention to be considered for the appointment to fill the vacancy.
(4) (A) The school district board of directors or quorum court shall:(i) Acknowledge in writing the receipt of a petition under subdivision (c)(3) of this section; and(ii) Promptly inform a candidate if his or her petition has been found to be insufficient or invalid:(a) That his or her petition has been found to be insufficient or invalid; and(b) What the candidate is required to do to cure the petition before the deadline.(B) A school district board of directors or county quorum court may fill a vacancy only with a candidate who has submitted a timely, valid, and sufficient petition under this section.
(A) The school district board of directors or quorum court shall:(i) Acknowledge in writing the receipt of a petition under subdivision (c)(3) of this section; and(ii) Promptly inform a candidate if his or her petition has been found to be insufficient or invalid:(a) That his or her petition has been found to be insufficient or invalid; and(b) What the candidate is required to do to cure the petition before the deadline.
(i) Acknowledge in writing the receipt of a petition under subdivision (c)(3) of this section; and
(ii) Promptly inform a candidate if his or her petition has been found to be insufficient or invalid:(a) That his or her petition has been found to be insufficient or invalid; and(b) What the candidate is required to do to cure the petition before the deadline.
(a) That his or her petition has been found to be insufficient or invalid; and
(b) What the candidate is required to do to cure the petition before the deadline.
(B) A school district board of directors or county quorum court may fill a vacancy only with a candidate who has submitted a timely, valid, and sufficient petition under this section.
(5) (A) An elector who submits a sufficient and valid petition under this section shall be given at least five (5) minutes to present his or her candidacy in a public meeting of the remaining members of the school district board of directors or the county quorum court before either the school district board of directors or county quorum court votes to fill the vacancy.(B) A school district board of directors or a county quorum court may request reasonable information from a candidate to fill a vacancy under this section, including without limitation a request for written answers to questions before a public meeting is held.(C) (i) A school district board of directors may vote to decline to fill the vacancy.(ii) If a school district board of directors votes to decline to fill a vacancy under subdivision (c)(5)(C)(i) of this section, the appointment shall pass immediately to the quorum court of the county in which a majority of the residents represented by the vacant position reside.
(A) An elector who submits a sufficient and valid petition under this section shall be given at least five (5) minutes to present his or her candidacy in a public meeting of the remaining members of the school district board of directors or the county quorum court before either the school district board of directors or county quorum court votes to fill the vacancy.
(B) A school district board of directors or a county quorum court may request reasonable information from a candidate to fill a vacancy under this section, including without limitation a request for written answers to questions before a public meeting is held.
(C) (i) A school district board of directors may vote to decline to fill the vacancy.(ii) If a school district board of directors votes to decline to fill a vacancy under subdivision (c)(5)(C)(i) of this section, the appointment shall pass immediately to the quorum court of the county in which a majority of the residents represented by the vacant position reside.
(i) A school district board of directors may vote to decline to fill the vacancy.
(ii) If a school district board of directors votes to decline to fill a vacancy under subdivision (c)(5)(C)(i) of this section, the appointment shall pass immediately to the quorum court of the county in which a majority of the residents represented by the vacant position reside.
(6) All matters regarding the filling of a vacancy on a school district board of directors shall be discussed and acted upon by a school district board of directors or a county quorum court in an open public meeting and not in an executive session.
(7) If, after substantially complying with subdivisions (c)(1)-(6) of this section, a school district board of directors or a county quorum court has not received a valid and sufficient petition under this section, the school district board of directors or county quorum court may use an alternative process to fill the vacancy.
(d) If a vacancy on the school district board of directors results in an officer position being vacant, the school district board of directors shall elect no later than the next regularly scheduled meeting after the appointment of a new board member the officer position until the next general election of board officers.
(e) An appointed director, except a director appointed to fill a vacancy under § 6-13-613, shall serve only until his or her elected successor subscribes to the director's oath of office under § 6-13-617.
(f) (1) The secretary of the school district board of directors shall notify the county clerk of an appointment to the school district board of directors within five (5) days of the appointment being made.(2) The notice shall include the name of the appointed board member and the expiration date of his or her term.
(1) The secretary of the school district board of directors shall notify the county clerk of an appointment to the school district board of directors within five (5) days of the appointment being made.
(2) The notice shall include the name of the appointed board member and the expiration date of his or her term.
(g) A board member appointed under this section shall take the oath required under § 6-13-617.