Procedures to fill a school board vacancy modified.

A bill for an act

relating to education; modifying procedures to fill a school board vacancy;

amending Minnesota Statutes 2025 Supplement, section 123B.09, subdivision 5b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 123B.09, subdivision 5b, is

amended to read:

Subd. 5b.

Appointments to fill vacancies; special elections.

(a) Any vacancy on the

board, other than a vacancy described in subdivision 4, must be filled by board appointment

at a regular or special meeting.
new text begin
The board must first offer the open seat to the person with

the next highest number of votes from the most recent election. If that person does not accept

the position, the board may appoint at the board's discretion.
new text end
The appointment shall be

evidenced by a resolution entered in the minutes and shall be effective 30 days following

adoption of the resolution, subject to paragraph (e). If the appointment becomes effective,

it shall continue for the remainder of the unexpired term or until an election is held under

this subdivision, as applicable. All elections to fill vacancies shall be for the unexpired term.

A special election to fill the vacancy must be held no later than the first Tuesday after the

first Monday in November following the vacancy. If the vacancy occurs less than 90 days

prior to the first Tuesday after the first Monday in November in the year in which the vacancy

occurs, the special election must be held no later than the first Tuesday after the first Monday

in November of the following calendar year.

(b) Notwithstanding paragraph (a), if the vacancy occurs less than two years prior to the

expiration of the term, no special election is required and the appointee of the board shall

serve for the remainder of the unexpired term, subject to paragraph (d).

(c) Notwithstanding paragraph (a), if the vacancy occurs less than 90 days prior to the

expiration of the term, the board may, but is not required to, fill the vacancy by board

appointment at a regular or special meeting.

(d) Notwithstanding paragraphs (a) and (b), if the vacancy occurs because a school board

member was removed pursuant to section
123B.09, subdivision 9
, a special election must

be held to fill the vacancy as soon as possible on a uniform election date. This paragraph

does not apply if the vacancy occurs after candidate filing begins under section
205A.06
in

the year preceding the end of the term.

(e) An appointment made under paragraph (a) shall not be effective if a petition to reject

the appointee is filed with the school district clerk. To be valid, a petition to reject an

appointee must be signed by a number of eligible voters residing in the district equal to at

least five percent of the total number of voters voting in the district at the most recent state

general election, and must be filed within 30 days of the board's adoption of the resolution

making the appointment. If a valid petition is filed according to the requirements of this

paragraph, the appointment by the school board is ineffective and the board must name a

new appointee as provided in paragraph (a).