2020 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

(a) A vacancy shall occur on a school district board of directors if a board member:

1. (1) Moves his or her bona fide permanent residence outside the boundaries of the school district;

2. (2) Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:

   1. (A) Military service of the board member; or

   2. (B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;

3. (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:

   1. (A) Military service of the board member; or

   2. (B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;

4. (4) Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:

   1. (A) Military service of the board member; or

   2. (B) A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;

5. (5) Is convicted of a felony in accordance with § 6-13-612;

6. (6) Is called to active military duty in accordance with § 6-13-613;

7. (7) Resigns from the school board of directors; or

8. (8) Dies.

(b)

1. (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:

   1. (A) Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and

   2. (B) Hold a hearing on the existence of a vacancy on the school district board of directors.

2. (2)

   1. (A) At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.

   2. (B) If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:

      1. (i) Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or

      2. (ii) Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.

3. (3) At a hearing held under subdivision (b)(1)(B) of this section, a majority of the members of the school district board of directors, excluding the board member whose eligibility is challenged, shall:

   1. (A) Be presented with written or oral evidence;

   2. (B) Act as the finder of fact to determine whether or not a vacancy exists; and

   3. (C) Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.

4. (4) A vacancy under subdivisions (a)(1)-(3) of this section does not exist until an affirmative vote has taken place under subdivision (b)(3)(C) of this section.

5. (5)

   1. (A) The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.

   2. (B) A written transcript of the hearing shall be made available upon request.

6. (6)

   1. (A) Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.

   2. (B) The notice shall:

      1. (i) Include a statement of the removal, the date of the vote, and the right to appeal;

      2. (ii) Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and

      3. (iii) Be provided to the county clerk for the county clerk's records.

(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. (1) A majority vote of the remaining directors; or

2. (2) The county quorum court if:

   1. (A) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or

   2. (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. (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. (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.