Policies and Regulations

NEPN Code: BBBE

School Board Governance and Operations
Unexpired Term Fulfillment/Vacancies

A vacancy on the school board occurs if any of the following events happen before the expiration of the term of a school board member. If the member:

1. dies;
2. is removed from the board;
3. ceases to be a resident of the school district or representation area where elected;
4. is convicted of any infamous crime or of any offense involving a violation of the member's official oath;
5. has a judgment obtained against the member for breach of the member's official bond;
6. is incapacitated and is unable to attend to the duties of the position;
7. assumes the duties of an office incompatible with the duties of a school board member;
8. fails to qualify as a board member as provided by law;
9. resigns; or
10. when the District has failed to elect a person to succeed a school board member whose term has expired.

A vacancy on the School Board shall be filled by appointment by the remaining members of the Board at any legally constituted meeting when a vacancy is created by reasons 1 through 7 listed above.

A vacancy on the School Board shall be filled by appointment including the vacating member when a vacancy is created by reasons 8 through 10 listed above.

The appointee shall qualify as if elected at or before the next school board meeting, and serve until the next succeeding election at which time a successor shall be elected to serve the unexpired term.

Legal Reference:

SDCL
13-8-22 Incumbent continued in office when successor not elected or qualified
13-8-23 Events creating vacancy on school board
13-8-24 Resignation not effective until successor appointed and qualified
13-8-25 Appointments to fill vacancies on school board - Qualifications and term of appointee