(a) (1) a. Except as otherwise provided in this subsection, if a school board member ceases to be an inhabitant of the reorganized school district, that member shall cease to be a member of its school board. For purposes of this subsection, a school board member who is not physically present in the school board member's district for more than 75% of the days in any consecutive year-long period of the school board member's term is no longer an inhabitant of the district. b. A school board member whose absence from the district is attributable to deployment in military service is still considered physically present in the district during any period of deployment for purposes of a calculation under paragraph (a)(1)a. of this section. c. A school board member whose absence from the district is due to an event that can neither be anticipated nor controlled is not considered absent during such time for purposes of a calculation under paragraph (a)(1)a. of this section. (2) If a resident of a reorganized school district has good cause to believe that a school board member has ceased to be an inhabitant of a reorganized district during that school board member's term, but the school board has not declared a vacancy, the resident may bring an action in the Superior Court to have the school board member's seat declared vacant. (3) If the Court issues an order declaring the school board member is no longer an inhabitant of the reorganized school district and declaring the school board member's seat vacant, that member shall cease to be a member of its school board. The remaining school board members shall then proceed under subsection (b) of this section. (b) Unless otherwise provided in this chapter, a vacancy on a school board, for any cause other than the expiration of term, shall be filled by the remaining members of the school board for the remainder of the fiscal year, and a new member shall be elected at the next regular school board election to serve for the unexpired term as specified below: (1) When a vacancy occurs on a school board except for expiration of a term, the respective School District shall inform the public and the Department of Elections that conducts elections for the School District that the vacancy has occurred no later than 5 business days following the vacancy. (2) A person appointed to fill a vacant seat must meet the qualifications to be elected to that seat, including the completion of a background check as required under § 209 of this title. The Commissioner of Elections must make a determination that an individual seeking appointment is qualified under §§ 209 and 1052 of this title before the individual may be appointed. (3) No appointment shall be made until after public notice of the vacancy and the request for formal application from interested persons is made. Notice shall be given by posting the notice on the main door of each school in the school district and by publication for once a week for 2 consecutive weeks in a newspaper of general circulation in the school district. (4) When a vacancy occurs on a School Board after the second Friday in February of a fiscal year and on or before the filing deadline established in § 1075(a) of this title, the Department of Elections shall establish a special filing deadline for that seat that is 20 days following receipt of notification of the vacancy. If the special filing deadline falls on a Saturday, Sunday or state holiday, the deadline shall be the first business day following that Saturday, Sunday or state holiday. (c) In the event that a majority of or the whole membership of a school board shall become vacant at the same time for any reason whatsoever, the State Board of Education shall immediately appoint an interim school board to conduct the business of the district. If the school board is elected, the State Board of Education shall call a special school board election to be held in the reorganized school district, within 60 calendar days, to elect members to fill the unexpired terms. If the school board is appointed, the appointing authority shall appoint the required number of school board members to fill the unexpired terms. Candidate filings and elections held or appointments made pursuant to this section shall be held or made in accordance with this chapter. The interim board members shall be dismissed upon qualification of the newly elected or appointed members. (d) In the event of vacancies under this section which are to be filled at the next regular school board election, candidates shall file for the position vacant to fill the remainder of the unexpired term in accordance with § 1075 of this title.
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