What happens when the person elected to a school board position in November decides they don’t want to be a board member? Over the years, OSBA’s legal division has gotten a number of questions from school districts with a variety of factual situations involving how their boards will be structured after an election. One unusual situation is when a person who was elected in November has decided in the intervening months that they are not interested in serving in the position. The key question to answer is when does the position become vacant.
As explained in previous blog posts (Sept. 15, 2025 and May 6, 2024), a board of education has to act within a certain window of time to fill a vacancy on the board. The law provides that the board should fill any vacant position at its next regular or special election, but not earlier than ten days, after the vacancy occurs. When calculating dates, Ohio law requires that the first date is excluded. So, for example, “not earlier than ten days” after Jan. 1, excluding Jan. 1, is Jan. 11. If the board fails to fill the position within 30 days after the vacancy is created, the judge of the probate court can fill the vacancy.
For that reason, determining when a position is “vacant” is crucial. When does the position become vacant if the person elected changes their mind? The answer depends on when they act (or don’t act) regarding the position. Let’s examine three possible scenarios.
Declination
A person who has been elected to office can decline the office. There is no official form for a declination. In order to decline, a person elected and certified by the county board of elections can submit a signed and dated letter to the county board of elections and the treasurer of the board of education. The letter would say that they are declining the position to which they were elected. In the event of a declination before the end of the year, the vacancy occurs on Jan. 1, after the term of the person formerly elected to the position ends.
Resignation
If a person who was elected in November is sworn in to the office in January but then decides they don’t want to serve, the person can resign. To do so, they would submit a letter to the board of education stating that they are resigning from the position. In that case, the vacancy occurs on the effective date in the resignation letter or, if there is no effective date, on the date that the board accepts the resignation.
Failure to qualify
If a person who was elected to a position on the school board in November fails to qualify for the position within 10 days after the organization of the board, the position becomes vacant. One aspect of qualification is taking the oath of office. If a person who was elected in November fails to take the oath of office within ten days after the board’s organizational meeting, that person’s position may become vacant and the board can move forward to fill the vacancy. If this occurs, check with your legal counsel or county board of elections to determine how to proceed.
As always, anyone with general questions is welcome to call OSBA’s legal division at (855) OSBA-LAW. For specific questions, please reach out to your board’s counsel. Thanks for being a loyal legal ledger reader in 2025! We look forward to sharing more interesting insights into school law next year and wish everyone a happy holiday season!