Procedure for Filling Vacancies on Local Boards

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Local Boards of Education
  6. Procedure for Filling Vacancies on Local Boards

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  1. In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
    1. If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and
    2. If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the local board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
  2. Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred.As applied to special elections under paragraph (1) of subsection (a) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district.

(Code 1981, §20-2-54.1, enacted by Ga. L. 1984, p. 641, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1990, p. 1261, § 1; Ga. L. 1991, p. 94, § 20; Ga. L. 1993, p. 1279, § 4.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "paragraph (1) of subsection (a)" was substituted for "subparagraph (a)(1)(A)" in the second sentence of subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Filling vacancy in recall situations.

- Former O.C.G.A. §§ 21-4-11 and21-4-12(g) (now O.C.G.A. §§ 21-4-12 and21-4-13(g), respectively) govern the manner of filling a vacancy on a county school board created by the resignation of a member of the county school board subsequent to the filing of an application for a recall petition, but prior to a recall election, or as a result of a recall election, respectively. 1985 Op. Att'y Gen. No. 85-46 (rendered prior to 1989 repeal and reenactment of T. 21, Ch. 4, which now provides for filling a vacancy by means of a special election).


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