Section 3313.11 | Vacancy in board.
Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section does not apply to any joint vocational or cooperative education school district.
A vacancy in any school district board of education or governing board of an educational service center may be caused by death, nonresidence, resignation, removal from office, failure of a person elected or appointed to qualify within ten days after the organization of the board or of appointment or election, removal from the district, or absence from meetings of the board for a period of ninety days, if such absence is caused by reasons declared insufficient by a two-thirds vote of the remaining members of the board, which vote must be taken and entered upon the records of the board not more than forty-five days after such absence. The board shall not consider a person's reason for absence insufficient if the reason is that the person is an active or reserve member of the armed forces of the United States or the Ohio national guard and is deployed outside the territory of the district or the educational service center, as applicable. As used in this paragraph, "armed forces of the United States" has the same meaning as in section 5907.01 of the Revised Code.
If the board members are selected by appointment pursuant to division (B) or (F) of section 3311.71 of the Revised Code, the appointing authority responsible for the appointment shall fill any such vacancy by appointment of an individual to serve the remainder of the unexpired term from a slate of at least three persons proposed by the municipal school district nominating panel established under that section. If the member creating the vacancy resides in a municipal school district but not in the municipal corporation containing the greatest portion of the district's territory, the individuals included on such slate shall also reside in the municipal school district but not in the municipal corporation containing the greatest portion of the district's territory.
If the board members are selected by election, the board shall fill any such vacancy at any regular or special meeting within forty-five days after the vacancy occurs. A majority vote of all the remaining members of the board may fill any such vacancy. Immediately after such a vote, the treasurer of the board of education or governing board shall give written notice to the board of elections responsible for conducting elections for that school district or educational service center that a vacancy has been filled, and the name of the person appointed to fill the vacancy.
If the board of education of any city, exempted village, or local school district or the governing board of any educational service center fails to fill a vacancy in that board within a period of forty-five days after the vacancy occurs, the probate court of the county in which the district or service center is located, upon being advised and satisfied of that failure, shall act as that board to fill any vacancy as promptly as possible.
Each person selected by the board or probate court to fill a vacancy shall hold office for the shorter of the following periods: until the completion of the unexpired term, or until the first day of January immediately following the next regular board of education or governing board election taking place more than ninety days after a person is selected by the board or probate court to fill the vacancy. At that election, a special election to fill the vacancy shall be held in accordance with laws controlling regular elections for board of education or governing board members, except that no such special election shall be held if the unexpired term ends on or before the first day of January immediately following that regular board of education or governing board election. The term of a person chosen at a special election under this section shall begin on the first day of January immediately following the election, and the person shall serve for the remainder of the unexpired term. Whenever the need for a special election under this section becomes known, the board of education or governing board shall immediately give written notice of this fact to the board of elections responsible for conducting the regular board of education or governing board election for that school district.
The term of a board of education or governing board member shall not be lengthened by the member's resignation and subsequent selection by the board or probate court under this section.
Last updated August 3, 2026 at 5:22 PM
Available Versions of this Section
- November 12, 1997 – House Bill 269 - 122nd General Assembly [ View November 12, 1997 Version ]
- October 9, 2026 – Amended by House Bill 455 - 136th General Assembly [ View October 9, 2026 Version ]