With it being an election year for school boards of education, it is imperative that Board’s are aware of timelines for appointing individuals to fill vacancies on the board.
The applicable statute, R.C. 3313.11, states that a vacancy may occur based on a number of situations, such as death, nonresidence, resignation, or removal from office. Under this statute, “the board shall fill any such vacancy at its next regular or special meeting” after the vacancy occurs. It is pertinent to note that the statute prohibits a Board from filling a vacancy earlier than ten days after the vacancy occurs, as well.
If a Board fails to fill the vacancy within thirty (30) days, R.C. 3313.85 notes that the position will be filed by the county’s probate court.
To read R.C. 3313.11, click here. To read R.C. 3313.85, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.