Filling Vacancies on School Boards

Training for: Legal Notes

We are often asked what role, if any, the municipal officers (select board, councilors, plantation assessors) play in filling unanticipated vacancies on municipal school committees or school district boards of directors.

State law governs how school board and committee vacancies are created and filled through statutory provisions specific to each type of school administrative unit. Four of the most common are discussed below.

In a municipal school unit, a vacancy on the school committee is governed by 20-A M.R.S. § 2305 unless a municipal charter provides otherwise. Section 2305 allows the school committee to fill the vacancy by appointment within 30 days; the appointment expires at the next annual municipal meeting at which time someone must be elected to fill the remainder of the vacant term. If the school committee fails to appoint a person to fill the vacancy within 30 days, the vacancy may be filled by election at a town meeting called for that purpose.

Vacancies on Regional School Unit (RSU) and School Administrative District (SAD) boards are governed by 20-A M.R.S. §§ 1474 and 1254 respectively. Both authorize the municipal officers of the municipality in which the school board director resided to appoint an interim director for the municipality or subdistrict to serve until the next annual municipal election. The municipal officers then must provide for the election of a director to fill the remainder of the vacant term at the next municipal or subdistrict election.  

Community School District (CSD) board of trustee vacancies are governed by 20-A M.R.S. § 1651 which authorizes the municipal officers of the municipality which the former trustee represented to appoint an interim trustee to serve until a successor is elected to fill the unexpired term at the next annual municipal meeting. CSD school committee vacancies are governed by 20-A M.R.S. § 1653; procedures vary depending on the grade levels included in the school’s program.

In other, less common types of school administrative units, such as alternative organizational structures (AOS), the applicable law or agreement establishing the school unit should be consulted.

For information on filling other types of vacancies, see “How Vacancies Are Filled,” Maine Townsman, Legal Notes, August 2007. (S.F.P.)

We are often asked what role, if any, the municipal officers (select board, councilors, plantation assessors) play in filling unanticipated vacancies on municipal school committees or school district boards of directors.

State law governs how school board and committee vacancies are created and filled through statutory provisions specific to each type of school administrative unit. Four of the most common are discussed below.

In a municipal school unit, a vacancy on the school committee is governed by 20-A M.R.S. § 2305 unless a municipal charter provides otherwise. Section 2305 allows the school committee to fill the vacancy by appointment within 30 days; the appointment expires at the next annual municipal meeting at which time someone must be elected to fill the remainder of the vacant term. If the school committee fails to appoint a person to fill the vacancy within 30 days, the vacancy may be filled by election at a town meeting called for that purpose.

Vacancies on Regional School Unit (RSU) and School Administrative District (SAD) boards are governed by 20-A M.R.S. §§ 1474 and 1254 respectively. Both authorize the municipal officers of the municipality in which the school board director resided to appoint an interim director for the municipality or subdistrict to serve until the next annual municipal election. The municipal officers then must provide for the election of a director to fill the remainder of the vacant term at the next municipal or subdistrict election.  

Community School District (CSD) board of trustee vacancies are governed by 20-A M.R.S. § 1651 which authorizes the municipal officers of the municipality which the former trustee represented to appoint an interim trustee to serve until a successor is elected to fill the unexpired term at the next annual municipal meeting. CSD school committee vacancies are governed by 20-A M.R.S. § 1653; procedures vary depending on the grade levels included in the school’s program.

In other, less common types of school administrative units, such as alternative organizational structures (AOS), the applicable law or agreement establishing the school unit should be consulted.

For information on filling other types of vacancies, see “How Vacancies Are Filled,” Maine Townsman, Legal Notes, August 2007. (S.F.P.)