279.6 Vacancies — qualification — tenure.
1. a. Except as provided in paragraph “b” and subsection 2, vacancies occurring among the officers or members of a school board shall be filled by the board by appointment. A person so appointed to fill a vacancy in an elective office shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election, in accordance with section 69.12. To fill a vacancy occurring among the members of a school board, the board shall publish notice in the manner prescribed by section 279.36, stating that the board intends to fill the vacancy by appointment but that the electors of the school district have the right to file a petition requiring that the vacancy be filled by a special election conducted pursuant to section 279.7. The board may publish notice in advance if a member of the board submits a resignation to take effect at a future date. The board may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later.
b. (1) If within fourteen days after publication of a notice required pursuant to paragraph “a” for a vacancy that occurs more than one hundred eighty days before the next regular school election, or after the filing period closes pursuant to section 277.4, subsection 1, for the next regular school election, there is filed with the secretary of the school board a petition requesting a special election to fill the vacancy, an appointment to fill the vacancy is temporary until a successor is elected and qualified, and the board shall call a special election pursuant to section 279.7, to fill the vacancy for the remaining balance of the unexpired term.
(2) If within fourteen days after publication of a notice required pursuant to paragraph “a” for a vacancy that occurs one hundred eighty days or less but more than forty days before the next regular school election there is filed with the secretary of the school board a petition requesting to fill the vacancy by election, an appointment to fill the vacancy is temporary until a successor is elected and qualified, and the school board shall require that the remaining balance of the unexpired term be filled at the next regular school election.
(3) For a petition to be valid under this paragraph “b”, the petition must be signed by eligible electors equal in number to not less than one hundred or thirty percent of the number of voters at the last preceding regular school election, whichever is greater.
(4) Notwithstanding any requirement of this paragraph to the contrary, when the board is reduced below a quorum, the secretary of the board, or if there is no secretary, the area education agency administrator, shall call a special election in the district, subdistrict, or subdistricts, as the case may be, to fill the vacancies.
c. A person appointed to fill a vacancy in an appointive office shall hold such office for the residue of the unexpired term and until a successor is appointed and qualified. Any person so appointed shall qualify within ten days thereafter in the manner required by section 277.28.
2. A vacancy shall be filled at the next regular school election if a member of a school board resigns from the board not later than forty-five days before the election and the notice of resignation specifies an effective date at the beginning of the next term of office for elective school officials. The president of the board shall declare the office vacant as of the date of the next organizational meeting. Nomination papers shall be received for the unexpired term of the resigning member. The person elected at the next regular school election to fill the vacancy shall take office at the same time and place as the other elected school board members.
[C51, §1120; R60, §2037, 2038, 2079; C73, §1730, 1738; C97, §2758, 2771, 2772; S13, §2758, 2771, 2772; C24, §4223; C27, 31, 35, §4223-a2; C39, §4223.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.6]
2002 Acts, ch 1134, §91, 115; 2015 Acts, ch 140, §56, 58, 59; 2016 Acts, ch 1121, §9; 2017 Acts, ch 120, §10
Referred to in §275.25, 275.41, 277.30, 279.7
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 279 - DIRECTORS — POWERS AND DUTIES
Section 279.1 - Organization — student improvement oversight.
Section 279.2 - Special meetings.
Section 279.3 - Appointment of secretary and treasurer.
Section 279.5 - Temporary officers.
Section 279.6 - Vacancies — qualification — tenure.
Section 279.7 - Vacancies filled by special election — qualification — tenure.
Section 279.7A - Interest in public contracts prohibited — exceptions.
Section 279.8 - General rules — bonds of employees.
Section 279.8A - Traffic and parking.
Section 279.8B - Petition — school board meeting agenda — public comment.
Section 279.9 - Use of tobacco, alcoholic beverages, or controlled substances.
Section 279.9A - Student transfers — information sharing.
Section 279.9B - Reports to juvenile authorities.
Section 279.10 - School year — beginning date — exemption.
Section 279.11 - Number of schools — attendance — terms — classroom assignment.
Section 279.12 - Contracts — teachers — insurance — educational leave.
Section 279.14 - Evaluation criteria and procedures.
Section 279.14A - Practitioner performance improvement program.
Section 279.15 - Notice of termination — request for hearing.
Section 279.16 - Private hearing — decision — record.
Section 279.17 - Appeal by teacher to adjudicator.
Section 279.18 - Appeal by teacher to court.
Section 279.19 - Probationary period.
Section 279.19A - Extracurricular contracts.
Section 279.19B - Coaching endorsement and authorization.
Section 279.20 - Superintendent — term — employment of support personnel.
Section 279.22 - Residence of employees.
Section 279.23 - Continuing contract for administrators.
Section 279.23A - Evaluation criteria and procedures.
Section 279.24 - Contract with administrators — automatic continuation or termination.
Section 279.25 - Discharge of administrator.
Section 279.26 - Lease arrangements.
Section 279.27 - Discharge of teacher.
Section 279.28 - Insurance — supplies — textbooks.
Section 279.29 - Claims — investments.
Section 279.30 - Payments — exceptions.
Section 279.31 - Settlement with treasurer.
Section 279.32 - Compensation of officers.
Section 279.33 - Annual settlements.
Section 279.34 - Motor vehicles required to operate on ethanol blended gasoline.
Section 279.35 - Publication of proceedings.
Section 279.36 - Publication procedures and fee.
Section 279.37 - Employment of counsel.
Section 279.38 - Membership in association of school boards — audit.
Section 279.38A - Membership in other organizations— reporting requirements.
Section 279.39 - School buildings.
Section 279.41 - Schoolhouses and sites sold — funds.
Section 279.42 - Gifts to schools.
Section 279.43 - Reporting inappropriate teaching assignments.
Section 279.44 - Energy audits.
Section 279.45 - Administrative expenditures.
Section 279.46 - Retirement incentives — tax.
Section 279.47 - Telecommunications — participation by school districts in database development.
Section 279.48 - Equipment purchase.
Section 279.49 - Child care programs.
Section 279.50 - Human growth and development instruction.
Section 279.50A - Educational standards — agreements for mathematics and science units.
Section 279.51 - Programs for at-risk children.
Section 279.51A - Classroom environment — behavioral challenges — reports of violence or assault.
Section 279.52 - Optional funding of asbestos projects.
Section 279.53 - Loan proceeds.
Section 279.54 - School district income surtax.
Section 279.55 - Teacher exchange program.
Section 279.56 - Board participation.
Section 279.57 - Period of exchange.
Section 279.58 - School dress code policies.
Section 279.59 - Access by associations.
Section 279.60 - Assessments — access to data — reports.
Section 279.61 - Individual career and academic plan — report.
Section 279.62 - Nonprofit school organizations.
Section 279.63 - Financial report.
Section 279.64 - Tax-sharing agreements.
Section 279.66 - Discipline and personal conduct standards.
Section 279.67 - Competitive living wage.
Section 279.68 - Student progression — intensive reading instruction — reporting requirements.
Section 279.69 - School employees — background investigations.
Section 279.71 - Student online personal information protection.
Section 279.72 - Training on dyslexia.
Section 279.73 - Intellectual freedom — protection — complaints.
Section 279.74 - Training and curriculum prohibited — specific defined concepts.