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H.201

AN ACT RELATING TO A VACANCY ON A SCHOOL BOARD

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  16 V.S.A. § 424 is amended to read:

§ 424.  VACANCIES

The selectmen shall, with the advice of the remaining school board members, (a)  Except as otherwise provided for a school district operating under a charter, within 30 days of the creation of the vacancy, the school board shall, by majority vote of those present and voting, appoint a qualified person to fill a vacancy in the town school board, until an election at a special or annual meeting is held and a record thereof shall be made in the office of the town clerk.

(b)  If there are vacancies in a majority of the members of the town school board at the same time, the vacancies shall be filled by a special school district meeting  called for that purpose.  The remaining board member or members are authorized to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.

(c)  If there are no town school board members in office, the secretary of state shall call a special election to fill any vacancies and for that interim shall appoint and authorize the town school district clerk  or other qualified person to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.  

Sec. 2.  16 V.S.A. § 706l(b) is amended to read:

(b)  When a vacancy occurs on the board of directors, the clerk shall immediately notify the selectmen of the town which embraces the district which elected the original incumbent.  Within 30 days of the receipt of that notice the selectmen, with the advice of the school board of the town or incorporated school district, shall appoint a person who is otherwise eligible to serve as a director from that district to fill the vacancy until an election at a special or annual district meeting is held.:

(1)  If the member represented a member school district, the clerk shall immediately notify the school board of the member district.  Within 30 days of the receipt of that notice the school board shall appoint a person who is otherwise eligible to serve as a director from that district to fill the vacancy until an election at a special or annual district meeting is held.

(2)  If the member represented a town that does not have a school board, the clerk shall immediately notify the selectboard of the town.  Within 30 days of the receipt of that notice, the selectboard shall appoint a person who is otherwise eligible to serve as a director from that district to fill the vacancy until an election at a special or annual district meeting is held.

(3)  If the member was elected at large to represent the entire union district, the union school board shall, within 30 days of the creation of the vacancy, appoint a person who is otherwise eligible to serve as a director to fill the vacancy until an election at a special or annual district meeting is held.

(4)  If there are vacancies in a majority of the members of the board of directors at the same time, the remaining director or directors are authorized to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.  If there are no directors in office, the secretary of state shall appoint and authorize the union school district clerk or other qualified person to draw orders for payment of continuing obligations and necessary expenses until a majority of the vacancies is filled.  

Sec. 3.  16 V.S.A. § 1572(8) is amended to read:

(8)  The term of office of the board members and other officers, and how other officers are selected, and how board members will be replaced when a vacancy occurs;



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us