Senate File 2037 - Introduced SENATE FILE 2037 BY WILHELM A BILL FOR An Act relating to filling school board vacancies. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5164XS (6) 85 aw/sc

S.F. 2037 Section 1. Section 279.6, Code 2014, is amended to read as 1 follows: 2 279.6 Vacancies — qualification — tenure. 3 1. a. Vacancies Except as provided in paragraph “b” and 4 subsection 2, vacancies occurring among the officers or members 5 of a school board shall be filled by the board by appointment. 6 A person so appointed to fill a vacancy in an elective office 7 shall hold office until a successor is elected and qualified 8 pursuant to section 69.12 . To fill a vacancy occurring among 9 the members of a school board, the board shall publish notice 10 in the manner prescribed by section 279.36, stating that the 11 board intends to fill the vacancy by appointment but that 12 the electors of the school district have the right to file 13 a petition requiring that the vacancy be filled by a special 14 election conducted pursuant to section 279.7. The board may 15 publish notice in advance if a member of the board submits a 16 resignation to take effect at a future date. The board may 17 make an appointment to fill the vacancy after the notice is 18 published or after the vacancy occurs, whichever is later. 19 b. If within fourteen days after publication of a notice 20 required pursuant to paragraph “a” , or within fourteen 21 days after the appointment is made, there is filed with 22 the secretary of the school board a petition requesting a 23 special election to fill the vacancy, an appointment to fill 24 the vacancy is temporary and the board shall call a special 25 election pursuant to section 279.7, to fill the vacancy for 26 the remaining balance of the unexpired term. When the board 27 is reduced below a quorum, the secretary of the board, or if 28 there is no secretary, the area education agency administrator, 29 shall call a special election in the district, subdistrict, or 30 subdistricts, as the case may be, to fill the vacancies. The 31 petition must be signed by eligible electors equal in number 32 to not less than one hundred or thirty percent of the number of 33 voters at the last preceding regular school election, whichever 34 is greater. 35 -1- LSB 5164XS (6) 85 aw/sc 1/ 4

S.F. 2037 c. A person appointed to fill a vacancy in an appointive 1 office shall hold such office for the residue of the unexpired 2 term and until a successor is appointed and qualified. Any 3 person so appointed shall qualify within ten days thereafter in 4 the manner required by section 277.28 . 5 2. A vacancy shall be filled at the next regular school 6 election if a member of a school board resigns from the board 7 not later than forty-five days before the election and the 8 notice of resignation specifies an effective date at the 9 beginning of the next term of office for elective school 10 officials. The president of the board shall declare the office 11 vacant as of the date of the next organizational meeting. 12 Nomination papers shall be received for the unexpired term of 13 the resigning member. The person elected at the next regular 14 school election to fill the vacancy shall take office at the 15 same time and place as the other elected school board members. 16 Sec. 2. Section 279.7, subsection 1, Code 2014, is amended 17 to read as follows: 18 1. If a vacancy or vacancies occur among the elective 19 officers or members of a school board and the remaining 20 members of the board have not filled the vacancy within thirty 21 days after the vacancy becomes known by the secretary or the 22 board or if a valid petition is submitted to the secretary 23 of the board pursuant to section 279.6, subsection 1 , or 24 when the board is reduced below a quorum, the secretary of 25 the board, or if there is no secretary, the area education 26 agency administrator, shall call a special election in the 27 district, subdistrict, or subdistricts, as the case may be, 28 to fill the vacancy or vacancies. The county commissioner of 29 elections shall publish the notices required by law for special 30 elections, and the election shall be held not sooner than 31 thirty days nor later than forty days after the thirtieth day 32 following the day the vacancy becomes known by the secretary or 33 the board. If the secretary fails for more than three days to 34 call an election, the administrator shall call it. 35 -2- LSB 5164XS (6) 85 aw/sc 2/ 4

S.F. 2037 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the filling of school district board 4 vacancies. 5 The bill maintains current law for the filling of a vacancy 6 that occurs not later than 45 days before a regular school 7 election. The bill also maintains current law requiring that 8 the school board fill all other vacancies occurring among the 9 officers and members of the school board by appointment. 10 The bill requires that the board publish notice of the 11 intent of the board to fill a vacancy among the members of a 12 school board by appointment but that the electors of the school 13 district have the right to file a petition requiring that the 14 vacancy be filled by a special election. The bill allows the 15 board to publish the notice in advance of a vacancy if the 16 officer or member of the board submits a resignation that will 17 take effect at a future date. The bill allows the board to 18 make an appointment after the notice is published or after the 19 vacancy occurs, whichever is later. The bill provides that the 20 appointment is considered temporary if a valid petition to call 21 a special election is filed with the secretary of the school 22 board within 14 days after publication of the notice or within 23 14 days after the appointment is made. 24 The bill provides that a valid petition must be signed by 25 at least 100 eligible electors or eligible electors equaling 26 at least 30 percent of the number of voters at the preceding 27 regular school election, whichever is greater. 28 The bill requires that a special election be called by the 29 school board upon the filing of a valid petition. The special 30 election shall be held in accordance with requirements under 31 current law for filling school district board vacancies. If 32 the board is reduced below a quorum, the secretary of the 33 board, or if there is no secretary, the area education agency 34 administrator, shall call a special election in the district, 35 -3- LSB 5164XS (6) 85 aw/sc 3/ 4

S.F. 2037 subdistrict, or subdistricts, as the case may be, to fill the 1 vacancies. 2 -4- LSB 5164XS (6) 85 aw/sc 4/ 4