RCW 28A.343.370 governs what happens when there’s a vacancy on the school district’s board of directors.
If there is a vacancy, the following must occur:
- Remaining members appoint a qualified person by majority vote within 90 days.
- If fewer than a majority remain, the ESD board appoints enough to form a quorum.
- If the vacancy remains unfilled after 90 days, the ESD fills it.
- The appointee serves until the next regular election, when a successor is elected to complete the term.
- If no applicants apply, the ESD may appoint. Quorum remains based on total board positions, not vacancies.
See also: WSSDA model policy and procedure 1114 and 1114P.
Leaves of Absence
State law does not authorize board “sabbaticals,” but local policy may address absences. For example, Seattle Public Schools Policy 1450 allows a board to declare a vacancy after four unexcused absences unless due to illness or military service. Under RCW 28A.343.370, any temporary appointee serves until the next election for the unexpired term.
Resignations and Vacancies
A resignation goes into effect only when accepted by the board at a public meeting. Verbal resignations are valid but must be recorded in the minutes. Once accepted, a resignation cannot be withdrawn without board approval.
If an at-large director resides within the boundary of a newly vacant district seat and meets eligibility requirements, they may be appointed, per district policy.
A Vacancy, but No Applicants
In Washington state, when a school board vacancy occurs and no applicants step forward, the remaining board members have the primary responsibility to appoint a qualified person within 90 days.
If the board fails to fill the vacancy within 90 days, the responsibility shifts to the local Educational Service District (ESD) board, which then has 30 days to make an appointment. If the ESD board doesn’t appoint someone within that timeframe, the appointment authority transfers to the Washington State Board of Education.
Quorum When Directors are Missing
A quorum is typically defined as a majority of the full board positions, regardless of vacancies. For example, on a five-member board, three members would constitute a quorum. However, if two positions are vacant, the board still needs three members present to conduct business legally, which means all remaining members must be present.
If vacancies reduce the board below a quorum, for example, three vacancies on a five-member board, the board cannot take official action except to appoint new members. In extreme cases where a board cannot achieve quorum due to multiple vacancies, special provisions in Washington law may apply to allow essential business to continue, but this would be a situation requiring immediate legal consultation.