SB 657
Establishes procedures for recall elections for school board members
Sponsor:
LR Number:
3510S.01I
Committee:
Last Action:
5/11/2022 - Informal Calendar S Bills for Perfection
Journal Page:
Title:
SB 657
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SS/SB 657 - This act creates provisions related to school boards.

Under the act, school board members may receive a per diem of $500 per month for any school board member devoted to the affairs of the school board.

School board members may access any insurance contract or plan, including noninsurance health benefit programs, available to school district employees. (Section 162.009)

This act establishes a recall procedure for local school board members.

A recall election shall be held upon the submission of a petition signed by at least 25% of the number of registered votes who voted in the most recent school board election. Recall proceedings shall not be commenced against any member during the first 30 or last 180 days of the member's term or against any member who has had a recall election decided in the member's favor during the term.

Recall proceedings shall commence by filing a notice of intention to circulate a recall petition, as described in the act, with the school district's election authority. The notice of intention shall include the grounds for recall, which may include but are not limited to conduct that adversely affects the rights and interests of the public, commission of an act of malfeasance, and moral turpitude.

The election authority shall certify the notice of intention so long as it meets the act's requirements and shall notify the school district administration, school board, and the board member. The board member may file a statement in answer, as described in the act.

After notifying the petition filer that the petition has been certified, the election authority shall order the question to be submitted to the voters on an election day as described in the act. If no election day will be held prior to the expiration of the board member's term, the board member shall serve the rest of his or her term.

If a majority of voters are in favor of recall, the resulting vacancy shall be filled as provided in existing law for premature vacancies in the district, unless the recall question was submitted in an April election for new school board members, in which case the vacancy shall be filled by the first runner-up in the election for new members.

A recalled school board member shall not fill the vacancy created by the recall, but he or she may seek future reelection.

The recall provisions of this act shall not apply to school boards related to special education services.

Provisions of this act are similar to provisions in SB 891 (2022), HB 1747 (2022), SCS/SBs 55, 23, & 25 (2021) and to HCS/HB 229 (2021) and is substantially similar to HB 2360 (2020).

JAMIE ANDREWS