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6-13-611. Vacancies generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-611. Vacancies generally.
(a) A vacancy shall occur on a school district board of directors if a board member:
(1) Moves his or her bona fide permanent residence outside the boundaries of the school district;
(2) Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:
(A) Military service of the board member; or
(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(3) Fails to physically attend six (6) regularly scheduled board meetings of the school board of directors in a calendar year unless the failure is due to:
(A) Military service of the board member; or
(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(4) Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:
(A) Military service of the board member; or
(B) A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;
(5) Is convicted of a felony in accordance with § 6-13-612;
(6) Is called to active military duty in accordance with § 6-13-613;
(7) Resigns from the school board of directors; or
(8) Dies.
(b)(1) If credible evidence of a violation of subdivisions (a)(1)-(4) is presented to the president, vice president, or secretary of a school district board of directors, a majority of the members of the school district board of directors shall:
(A) Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and
(B) Hold a hearing on the existence of a vacancy on the school district board of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-611
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-13-611
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e93602521e79dc6554f321eb2728c1257bba565a2e9e590a1f4e19764c55ce22
Source location: content.xml paragraph 3551
Stored source content
6-13-611. Vacancies generally.
(a) A vacancy shall occur on a school district board of directors if a board member:
(1) Moves his or her bona fide permanent residence outside the boundaries of the school district;
(2) Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:
(A) Military service of the board member; or
(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(3) Fails to physically attend six (6) regularly scheduled board meetings of the school board of directors in a calendar year unless the failure is due to:
(A) Military service of the board member; or
(B) Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
(4) Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:
(A) Military service of the board member; or
(B) A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;
(5) Is convicted of a felony in accordance with § 6-13-612;
(6) Is called to active military duty in accordance with § 6-13-613;
(7) Resigns from the school board of directors; or
(8) Dies.
(b)(1) If credible evidence of a violation of subdivisions (a)(1)-(4) is presented to the president, vice president, or secretary of a school district board of directors, a majority of the members of the school district board of directors shall:
(A) Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and
(B) Hold a hearing on the existence of a vacancy on the school district board of directors.
(2)(A) At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.
(B) If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:
(i) Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or
(ii) Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.
(3) At a hearing held under subdivision (b)(1)(B) of this section, a majority of the members of the school district board of directors, excluding the board member whose eligibility is challenged, shall:
(A) Be presented with written or oral evidence;
(B) Act as the finder of fact to determine whether or not a vacancy exists; and
(C) Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.
(4) A vacancy under subdivisions (a)(1)-(3) of this section does not exist until an affirmative vote has taken place under subdivision (b)(3)(C) of this section.
(5)(A) The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.
(B) A written transcript of the hearing shall be made available upon request.
(6)(A) Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.
(B) The notice shall:
(i) Include a statement of the removal, the date of the vote, and the right to appeal;
(ii) Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and
(iii) Be provided to the county clerk for the county clerk's records.
(c) If a vacancy occurs on the school district board of directors, the vacancy shall be filled by the appointment of an individual who is a qualified elector of the school district and who resides in the same zone, if applicable, as required by the vacant position by either:
(1) A majority vote of the remaining directors; or
(2) The county quorum court if:
(A) As a result of several vacancies on the school district board of directors, only a minority of board members remains; or
(B) The school board of directors fails to fill the vacancy within thirty (30) days.
(d) If a vacancy on the school district board of directors results in an officer position being vacant, the school district board of directors shall elect no later than the next regularly scheduled meeting after the appointment of a new board member the officer position until the next general election of board officers.
(e) An appointed director, except a director appointed to fill a vacancy under § 6-13-613, shall serve only to the next annual school election, at which time the electors shall select in the usual manner directors to serve the unexpired terms of the vacating directors.
(f)(1) The secretary of the school district board of directors shall notify the county clerk of an appointment to the school district board of directors within five (5) days of the appointment being made.
(2) The notice shall include the name of the appointed board member and the expiration date of his or her term.
(g) A board member appointed under this section shall take the oath required under § 6-13-617.
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Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-612. Vacancy — Conviction of felony.
(a) When a member of the board of directors of any school district in this state is convicted of a felony, a vacancy shall exist on that board of directors from the date of the final judgment of conviction.
(b) The prosecuting attorney who successfully prosecutes a school district board member for a felony shall immediately notify the remaining members of that board of directors of the fact of the conviction and of the existence of a vacancy on the board of directors of the school district.
(c) A vacancy on a school district board of directors due to the conviction of a felony shall be filled as required under § 6-13-611.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-612
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-13-612. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-613. Temporary vacancies — Vacancies created by failure to participate.
(a) In cases where directors have entered the services of the United States Armed Forces or its allies, temporary vacancies on such boards are declared to exist until the end of the terms of the members or until their return to civilian life in the school district if their return occurs before the expiration of their elected terms.
(b) These vacancies shall be filled in the manner prescribed by law, except that appointments of the successors shall be conditional upon the return of the members to resume their normal civilian activities in the school district. Upon return, they may resume their duties as directors for their unexpired terms by written notice to the secretaries of their respective school district boards of directors.
(c) Directors appointed under the provisions of this section shall take the required oath of office and conform in all respects to legal provisions regarding directors.
(d) Directors serving in the United States Armed Forces shall be eligible for reelection in the usual manner prescribed by law. If reelected, the procedure for filling the temporary vacancies provided herein shall be again followed in the appointment of the successors to the absentees, and all other provisions of this section shall prevail.
(e) If there is a majority of the directors left after the absences mentioned in this section, such majority may act without notice to those so absent as fully and as effectively as if all directors were present.
(f) If there is more than a majority remaining after such absences, notice must be given for a reasonable length of time before the meeting to directors not so absent of the time, place, and purpose of a meeting of the school district board of di
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-613
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-13-613. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-617. Oath.
(a)(1) Each director elected for an initial or nonconsecutive term of office shall, within ten (10) days after receiving notice from the county clerk or his or her designee of his or her election or within ten (10) days after receiving notice from the county clerk or his or her designee of his or her appointment, subscribe to the following oath before an individual authorized to administer oaths under § 21-2-105:
“I, , do hereby solemnly swear or affirm, that I will support the United States Constitution and the Arkansas Constitution, and that I will not be interested, directly or indirectly, in any contract made by the district of which I am a director, except as permitted by state law and that I will faithfully discharge the duties as school director in School District upon which I am about to enter.
Director's Signature
Administrator's Signature
Date”.
(2)(A) After the oath is administered, the director shall submit a certification of the administration of the oath to the county clerk or his or her designee.
(B) The certification of the administration of the oath shall contain:
(i) A copy of the oath;
(ii) The director's signature;
(iii) The administrator's signature; and
(iv) The date.
(b)(1) The county clerk, upon receipt of the certification of the administration of the oath prescribed for a director, shall immediately commission such persons, and they shall enter at once upon their duties as directors.
(2) By the close of business of the day following the receipt of the certification of the administration of the oath, the county clerk or his or her designee shall notify the superintendent of the school district by phone that the individual has subscribed to the director's oath and shall send a copy of the certific
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-617
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-13-617. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-13-629. Training and instruction — Reimbursement.
(a)(1)(A) A member of a local school district board of directors who has served on the board of directors for twelve (12) or more consecutive months shall obtain no less than six (6) hours of training and instruction by December 31 of each calendar year.
(B)(i) A member of a school district board of directors elected for an initial or noncontinuous term shall obtain no less than nine (9) hours of training and instruction by December 31 of the calendar year following the year in which the member is elected.
(ii) The hours of training or instruction required under subdivision (a)(1)(B)(i) of this section shall include training or instruction on how to read and interpret an audit report under subdivision (a)(3)(A)(ii)(c) of this section.
(2)(A) The superintendent of each school district shall annually prepare a report of the training hours each school board member received the previous calendar year and those carried forward from a previous year that were eligible to be counted towards the previous year to be presented to the board at the board's regular January meeting.
(B) Members who fail to receive or carry forward the required number of training hours shall be:
(i) Permitted thirty (30) days from the date of the January board meeting to complete the deficient training hours; and
(ii) Suspended from participating in official business, except for school board training, until the board member obtains the deficient training hours.
(C) A board member who fails to cure the board member's training hours deficiency within the thirty (30) days provided in subdivision (a)(2)(B) of this section shall be removed from the board and the board member's position shall be filled in accordance with § 6-13-611 unless:
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-13-629
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-13-629. This identifies an authority to review, not proof of applicability.