Policies and Regulations NEPN Code: BBBE
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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

 

Policy   Board Action (formerly 9111)
Adopted 05-28-68    
Amended: 10-25-93 27458.2d.  
Amended: 10-24-05 34245  
Reviewed: 09-14-09 35488  
Amended: 08-12-13 36694  
Amended: 08-13-18 38110
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