School Board of the City of Virginia
Bylaw 1-15

SCHOOL BOARD BYLAWS

Vacancies

The School Board of the City of Virginia Beach shall fill vacancies within thirty (30) days for members-elect who fail to take office and members who leave office before the end of their term, as provided in the legal reference to this policy.

At least seven (7) days prior to the appointment, the Board shall hold one or more public hearings to receive views of the citizens within the school division on the appointment, and the Board shall give public notice of the hearing by newspaper publication at least ten (10) days in advance of the hearing, as provided by the legal reference to this policy. No person whose name is not considered at a public hearing shall be appointed.

The person appointed shall serve until the qualified voters fill the vacancy by special election at the next general election or the second ensuing general election and the person so elected has qualified all as more particularly set forth in the legal reference to this policy.

The School Board shall petition the Circuit Court for a writ of election for a special election to fill the vacancy at a general election if and when required by the legal reference to this policy.

Legal Reference:

Charter of Virginia Beach, § 16.5. Filling vacancies on school board. When a vacancy occurs in the office of an elected school board member, the vacancy shall be filled in the same manner in which general law provides for the filling of vacancies of city council members pursuant to §§§§ 24.2-226 and 24.2-228 with the interim appointment to be made by a majority vote of the remaining members of the board. If the vacancy is that of a school board member elected from a borough, the vacancy shall be filled by a qualified voter residing in the same borough.

Code of Va., § 22.1-57.3. Election of School Board Members,... D. A vacancy in the office of any elected school board member shall be filled pursuant to §§ 24.2?226 and 24.2?228.

Code of Va., § 24.2-228. Interim appointment to local government body or elected school board; elected mayor. A. -When a vacancy occurs in a local governing body or an elected school board, the remaining members of the body or board, respectively, within thirty days of the office becoming vacant shall appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. If a majority of the remaining members cannot agree, or do not act, the judges of the circuit court of the county or city shall make the appointment. The person so appointed in a county or city, or a town with a population greater than 3,500, shall hold office until the qualified voters fill the vacancy by special election pursuant to § 24.2?226 and the person so elected has qualified. The person so appointed in a town with a population of 3,500 or less shall serve for the remainder of the term and no special election shall be held.

If a majority of the seats on any governing body or elected school board are vacant, the remaining members shall not make interim appointments and the vacancies shall be filled as provided in § 24.2-227.

Code of Va., § 22.1-29.1. Public hearing before appointment of school board members. - At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter, of §§ 15.2-410, 15.2-531, 15.2-627 or § 15.2-837, or any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens within the school division. The appointing authority shall cause public notice to be given at least ten days prior to any hearing by publication in a newspaper having a general circulation within the school division. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a school board member.

Code of Va., § 24.2?226. Election to fill vacancy A. A vacancy in any elected constitutional or local office, whether occurring when for any reason an officer?elect does not take office or occurring after an officer begins his term, shall be filled by special election except as provided for certain towns by § 24.2?228 or unless provided otherwise by statute or charter. The governing body shall, within fifteen days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§ 24.2?681 et seq.) of Chapter 6. or, in the case of an elected school board, the school board of the county, city, or town in which the vacancy occurs shall, within fifteen days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§ 24.2?681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election for the next ensuing general election to be held in November in the case of county officers and city constitutional officers or in May in the case of other city and town officers. If the vacancy occurs within 120 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled.

B. Notwithstanding any provision of law or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within sixty days of the end of the term of the office to be filled.

C. Notwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any governing body has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires.

Code of Va., § 24.2-228. Interim appointment to local government body or elected school board; elected mayor. A. When a vacancy occurs in a local governing body or an elected school board, the remaining members of the body or board, respectively, within thirty days of the office becoming vacant shall appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. If a majority of the remaining members cannot agree, or do not act, the judges of the circuit court of the county or city shall make the appointment.

Adopted by School Board: July 21, 1992
Amended by School Board: July 18, 1995
Amended by School Board: August 17, 1999
Amended by School Board: February 20, 2001