SF 5287
Introduction - 94th Legislature (2025 - 2026)
Posted on 05/13/2026 09:10 a.m.
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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).