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2017 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary and Secondary Education Generally
Chapter 13 - School Districts
Subchapter 6 - School District Boards of Directors Generally
§ 6-13-611. Vacancies generally
Universal Citation: AR Code § 6-13-611 (2017)
- (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 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 felony in accordance with § 6-13-612;
- (6) Is called to active military duty in accordance with § 6-13-613;
- (7) Resigns from the school board of directors; or
- (8) Dies.
- (b) (1) If credible evidence of a violation of subdivisions (a)(1)-(4) 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.
- (c) 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 either:
- (1) A majority vote of the remaining directors; or
- (2) The county quorum court if:
- (A) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or
- (B) The school board of directors fails to fill the vacancy within thirty (30) days.
- (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 to the next annual school election, at which time the electors shall select in the usual manner directors to serve the unexpired terms of the vacating directors.
- (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.
- (g) A board member appointed under this section shall take the oath required under § 6-13-617.
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