House Bill No. 49
Introduced By cobb, ellis, simpkins, lawson, walters, rose, masolo, peck, rehbein
A Bill for an Act entitled: "An Act Generally Revising Montana Teacher Tenure Laws and Contested Case Procedures;
providing tenure to a teacher or specialist who completes a 180-working day probationary period on the earlier of either the
date of the offer and acceptance of a contract for the second consecutive year or employment on June 30 of the year
following the initial date of hire; providing that if the teacher or specialist has not satisfactorily completed a 180-working
day probationary period before the end of the initial employment contract, tenure is provided upon the satisfactory
completion of the 180-working day probationary period REMOVING JURISDICTION OF THE OFFICE OF PUBLIC
INSTRUCTION TO HEAR APPEALS AND TO DECIDE DISPUTES ARISING FROM TERMINATION DECISIONS
OF A SCHOOL DISTRICT NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT PURSUANT TO
TITLE 39, CHAPTER 31, MCA; clarifying that a district may terminate employment OF A TENURE TEACHER for good
cause; defining "good cause" and "same salary"; providing that the right to the same salary may be waived by mutual
agreement; extending the deadline for notification of reelection of a teacher or specialist; limiting appeal of employment
termination INVOLVING A TEACHER WHOSE EMPLOYMENT IS COVERED BY A COLLECTIVE BARGAINING
AGREEMENT PURSUANT TO TITLE 39, CHAPTER 31, MCA, to final and binding arbitration; establishing a
procedure for arbitration not covered by a collective bargaining agreement; limiting the remedies that may be imposed by
an arbitrator; removing jurisdiction of a county superintendent to decide disputes arising from a collective bargaining
agreement; CLARIFYING THAT A DISTRICT MAY TERMINATE THE EMPLOYMENT OF A NONTENURE
TEACHER AT THE CONCLUSION OF A SCHOOL FISCAL YEAR WITH OR WITHOUT CAUSE UPON PROPER
NOTICE; CLARIFYING THAT A DISTRICT MAY DISMISS FOR GOOD CAUSE A TENURE OR NONTENURE
TEACHER BEFORE THE EXPIRATION OF A CONTRACT; CLARIFYING THAT A DISTRICT MAY REDUCE THE
SALARY OF A TEACHER SERVING IN AN ADMINISTRATIVE POSITION WHO IS ASSIGNED TO A TEACHING
POSITION WHEN A DISTRICT REDUCES THE SIZE OF ITS ADMINISTRATIVE STAFF; amending sections 20-3-107, 20-3-210, 20-4-203, 20-4-204, 20-4-205, 20-4-206, 20-4-207, AND 20-4-208, and 20-7-456, MCA; repealing
sections 20-4-206 and 20-4-207, MCA; and providing an effective date and a retroactive applicability provision."
Be it enacted by the Legislature of the State of Montana:
SECTION 1. SECTION 20-3-107, MCA, IS AMENDED TO READ:
"20-3-107. Controversy appeal. (1) The superintendent of public instruction shall decide matters of controversy when they are appealed from:
(a) a decision of a county superintendent rendered under the provisions of 20-3-210, except for a decision of a county superintendent or an arbitrator in a teacher termination case; or
(b) a decision of a county transportation committee rendered under the provisions of 20-10-132.
(2) The superintendent of public instruction shall make his a decision on the basis of the transcript of the fact-finding
hearing conducted by the county superintendent or county transportation committee and documents presented at the
hearing. The superintendent of public instruction may require, if he deems considered necessary, affidavits, verified
statements, or sworn testimony as to the facts in issue. The decision of the superintendent of public instruction shall be is
final, subject to the proper legal remedies in the state courts. Such The proceedings shall must be commenced no later than
60 days after the date of the decision of the superintendent of public instruction.
(3) In order to establish a uniform method of hearing and determining matters of controversy arising under this title, the superintendent of public instruction shall prescribe and enforce rules of practice and regulations for the conduct of hearings and the determination of appeals by all school officials of the state.
(4) Whenever in a contested case the superintendent of public instruction is disqualified from rendering a final decision, he
the superintendent of public instruction shall appoint a hearing hearings examiner as provided in 2-4-611 and the decision
of the hearing hearings examiner constitutes the superintendent's final order except as provided in this subsection. Such The
final order is subject to all the provisions of Title 2, chapter 4, relating to final agency decisions or orders, including judicial
review under Title 2, chapter 4, part 7."
Section 2. Section 20-4-203, MCA, is amended to read:
"20-4-203. Teacher and specialist tenure -- definitions -- waiver. (1) (a) Except as provided in 20-4-208 and subsection
(1)(b) of this section, whenever WHENEVER a teacher has been elected by the offer and acceptance of a contract for the
fourth consecutive year of employment by a district in a position requiring teacher certification except as a district
superintendent or specialist, the teacher is considered to be or specialist working in a position requiring teacher or specialist
certification, except as a district superintendent, is considered to be tenured upon satisfactorily completing a 180-working
day probationary period and upon the earlier of:
(i) the date of the offer and acceptance of a contract for the second consecutive year; or
(ii) employment on June 30 of the year following the initial date of hire.
(b) If the teacher or specialist has not satisfactorily completed a 180-working day probationary period before the end of the
initial employment contract, the teacher or specialist is considered to be tenured upon the satisfactory completion of the
probationary period.
(2) Employment for less than 30-consecutive working days may not be counted as part of the minimum 180-day
requirement.
(3) Prior to receiving tenure, the employment relationship between a board of trustees and a teacher or specialist may be
terminated at any time by either party with or without good cause. A teacher or specialist terminated during the
probationary period may not pursue an action against the school district under the provisions of Title 39, chapter 2, part 9.
A school district may not be compelled to arbitrate a grievance under 27-5-115 over a teacher or specialist termination
during the probationary period.
(4) Upon receiving tenure, a teacher or specialist is considered to be HAS BEEN ELECTED BY THE OFFER AND
ACCEPTANCE OF A CONTRACT FOR THE FOURTH CONSECUTIVE YEAR OF EMPLOYMENT BY A
DISTRICT IN A POSITION REQUIRING TEACHER CERTIFICATION EXCEPT AS A DISTRICT
SUPERINTENDENT OR SPECIALIST, THE TEACHER IS CONSIDERED TO BE reelected from year to year thereafter
as a tenure teacher or specialist at the same salary and in the same or a comparable position of employment as that provided
by the last executed last-executed contract with the teacher or specialist unless the trustees resolve by majority vote of their
membership to terminate the services of the teacher or specialist in accordance with the provisions of 20-4-204.
(2)(5)(2) The tenure of a teacher or specialist with a district may not be impaired upon termination of services of the
teacher or specialist if the following conditions exist:
(a) the tenure teacher or specialist is terminated because the financial condition of the district requires a reduction in the
number of teachers or specialists employed; and
(b) continued employment rights are provided for in a collectively bargained contract of the district.
(6)(3) Upon receiving tenure, the employment of a teacher or specialist may be terminated for good cause.
(7) The right to the same salary may be waived by mutual agreement between the district and the teacher or specialist or, if
the teacher or specialist is a member of a bargaining unit, by the teacher's or specialist's exclusive representative.
(8) As used in this section, the following definitions apply:
(a) "Good cause" means reasonable, job-related grounds for dismissal that are based on failure to satisfactorily perform job
duties, disruption of a school district's operation, or any other legitimate business reason.
(b) "Same salary" means the salary paid to a teacher or specialist for services provided during the previous school year,
excluding fringe benefits, extra duty, or an extended-year contract."
Section 3. Section 20-4-204, MCA, is amended to read:
"20-4-204. Termination of tenure teacher or specialist services. (1) (a) The following persons may make a
recommendation in writing to the trustees of the district for termination of the services of a tenure teacher or specialist:
(i) a district superintendent;
(ii) in a district without a district superintendent, a principal;
(iii) in a district without a district superintendent or a principal, the county superintendent or a trustee of the district.
(b) The recommendation must state clearly and explicitly the specific reason or reasons leading to the recommendation for termination.
(2) Whenever the trustees of a district receive a recommendation for termination, the trustees shall, before May 1 of the
current school fiscal year, notify the teacher or specialist of the recommendation for termination and of the teacher's or
specialist's right to a hearing on the recommendation. The notification must be delivered by certified letter or by personal
notification for which a signed receipt is returned. The notification must include:
(a) the statement of the reason or reasons that led to the recommendation for termination; and
(b) a printed copy of this section for the teacher's or specialist information.
(3) The teacher or specialist may, in writing, waive the right to a hearing. Unless the teacher or specialist waives the right
to a hearing, the trustees shall set a hearing date, giving consideration to the convenience of the teacher or specialist, not
less than 10 days or more than 20 days from receipt of the notice of recommendation for termination.
(4) The trustees shall:
(a) conduct the hearing on the recommendation at a regularly scheduled or special meeting of the board of trustees and in accordance with 2-3-203; and
(b) resolve at the conclusion of the hearing to terminate the teacher or specialist or to reject the recommendation for
termination.
(5) The tenure teacher or specialist may appeal a decision to terminate an employment contract to the county
superintendent who may appoint a qualified attorney at law as legal adviser who shall assist the superintendent in preparing
findings of fact and conclusions of law THE COUNTY SUPERINTENDENT IF THE TEACHER'S EMPLOYMENT IS
NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT PURSUANT TO TITLE 39, CHAPTER 31,
WHO MAY APPOINT A QUALIFIED ATTORNEY AS A LEGAL ADVISER WHO SHALL ASSIST THE
SUPERINTENDENT IN PREPARING FINDINGS OF FACT AND CONCLUSIONS OF LAW. IF THE
EMPLOYMENT OF THE TEACHER IS COVERED BY A COLLECTIVE BARGAINING AGREEMENT PURSUANT
TO TITLE 39, CHAPTER 31, A TENURE TEACHER SHALL APPEAL A DECISION TO TERMINATE AN
EMPLOYMENT CONTRACT TO an arbitrator agreed upon by the district and the teacher or specialist or, if the teacher or
specialist is represented by a labor organization, by the teacher's or specialist's exclusive representative. If a teacher or
specialist is not a member of a bargaining unit or if the exclusive representative has declined to represent the teacher or
specialist, the teacher or specialist or the district may request that the board of personnel appeals provide a list of arbitrators
from which the teacher or specialist and the district shall, after the toss of a coin to determine the order of striking,
alternately strike names from the list until one arbitrator is selected and appointed. By mutual agreement between the
parties, the county superintendent of schools may be appointed as the arbitrator.
(6) IN A TERMINATION INVOLVING A TEACHER WHOSE EMPLOYMENT IS NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT PURSUANT TO TITLE 39, CHAPTER 31, EITHER THE TEACHER OR THE TRUSTEES MAY APPEAL TO THE DISTRICT COURT OF THE COUNTY IN WHICH THE TEACHER WAS EMPLOYED. THE PROCEEDINGS MUST BE COMMENCED NO LATER THAN 60 DAYS AFTER THE DATE OF THE DECISION OF THE COUNTY SUPERINTENDENT.
(6) Subsequently, either the teacher or the trustees may appeal to the superintendent of public instruction under the
provision for the appeal of controversies in this title.
(6)(7) A IN A TERMINATION INVOLVING A TEACHER WHOSE EMPLOYMENT IS COVERED BY A
COLLECTIVE BARGAINING AGREEMENT PURSUANT TO TITLE 39, CHAPTER 31, A request for arbitration must
be made within 20 days from the date of termination unless an alternative time period is provided by the terms of a
collective bargaining agreement.
(7)(8) The decision of the arbitrator is final and binding. Each party shall pay one-half of an arbitrator's charges unless a
different cost allocation arrangement is agreed upon by the parties.
(8)(9) An arbitrator may order a school district to reinstate a teacher or specialist who has been terminated without good
cause and to provide compensation, with interest, to a teacher or specialist for lost wages and fringe benefits from the date
of termination to the date that the teacher or specialist is offered reinstatement to the same or a comparable position.
Interim earnings, including the amount that the teacher or specialist could have earned with reasonable diligence, must be
deducted from the amount awarded for lost wages. Before interim earnings are deducted from lost wages, reasonable
amounts spent by a teacher or specialist in searching for, obtaining, or relocating to new employment must be deducted
from interim earnings.
(9)(10) Except as provided in this section, an arbitrator may not order a school district to provide compensation for
punitive damages, pain and suffering, emotional distress, compensatory damages, attorney fees, or any other form of
damages.
(10)(11) Upon submission of the termination decision to an arbitrator, the teacher or specialist or the teacher's or
specialist's exclusive representative may not file an action against the district for reinstatement or compensation of lost
wages and fringe benefits.
(11)(12) As used in this section, the following definitions apply:
(a) "Fringe benefits" means the value of any employer-paid vacation leave, sick leave, medical insurance plan, disability or life insurance plan, or pension benefit in effect on the date of termination.
(b) "Lost wages" means the gross amount of wages that would have been reported to the internal revenue service on Form W-2 and includes any compensation deferred at the option of the employee."
Section 4. Section 20-4-205, MCA, is amended to read:
"20-4-205. Notification of tenure teacher or specialist reelection -- acceptance. (1) The trustees shall provide written
notice by May 1 June 1 to all tenure teachers or specialists who have been reelected. Any tenure teacher or specialist who
does not receive notice of reelection or termination shall be is automatically reelected for the ensuing school fiscal year.
(2) Any tenure teacher or specialist who receives notification of his reelection for the ensuing school fiscal year shall
provide the trustees with his written acceptance of the conditions of such the reelection within 20 days after the receipt of
the notice of reelection, and failure to so notify the trustees within 20 days shall constitute constitutes conclusive evidence
of his the teacher's or specialist's nonacceptance of the tendered position."
SECTION 5. SECTION 20-4-206, MCA, IS AMENDED TO READ:
"20-4-206. Notification of nontenure teacher reelection -- acceptance -- termination and statement of reason. (1)
The trustees shall provide written notice by May June 1 to all nontenure teachers who have each nontenure teacher
employed by the district regarding whether the nontenure teacher has been reelected for the ensuing school fiscal year. A
nontenure teacher who does not receive written notice of reelection or termination is automatically reelected for the ensuing
school fiscal year.
(2) A nontenure nontenure teacher who receives notification of his reelection for the ensuing school fiscal year shall
provide the trustees with his written acceptance of the conditions of reelection within 20 days after the receipt of the notice
of reelection. Failure to so notify the trustees within 20 days may be considered constitutes conclusive evidence of the
nontenure teacher's nonacceptance of the tendered position.
(3) Subject to the June 1 notice requirements in this section, the trustees may nonrenew the employment of a nontenure
teacher at the conclusion of the school fiscal year with or without cause. When the trustees notify a nontenure teacher of
termination, the teacher may within 10 days after receipt of the notice make written request of the trustees for a statement in
writing of the reasons for termination of employment. Within 10 days after receipt of the request, the trustees shall furnish
to the teacher a true statement of reasons for termination.
(4) If a nontenure teacher believes the reasons provided by the trustees are not true, the teacher may request in writing
within 10 days of receipt of the statement of reasons that the county superintendent hold a hearing in accordance with 20-3-210 to determine whether the reasons are true. A hearing must be scheduled within 10 days and held within 45 days after
receipt of the request, except that the period may be extended upon agreement between the trustees and the teacher. The
burden of proof that the reasons are not true rests with the teacher, and the showing must be demonstrated by clear and
convincing evidence.
(5) If, after a hearing, the county superintendent determines that the reasons are not true, the county superintendent shall
order the trustees to offer the teacher a contract for the ensuing school fiscal year.
(6) The provisions of this section do not apply to cases in which a nontenure teacher is terminated when the financial
condition of the school district requires a reduction in the number of teachers employed and the reason for the termination
is to reduce the number of teachers employed."
SECTION 6. SECTION 20-4-207, MCA, IS AMENDED TO READ:
"20-4-207. Dismissal of teacher under contract. (1) The trustees of any district may dismiss a teacher before the
expiration of his the teacher's employment contract for immorality, unfitness, incompetence, or violation of the adopted
policies of such trustees good cause.
(2) (a) The following persons may recommend the dismissal of a teacher for cause under subsection (1):
(i) a district superintendent;
(ii) in a district without a district superintendent, a principal; or
(iii) in a district without a district superintendent or a principal, the county superintendent or a trustee of the district.
(b) A person listed in subsection (2)(a) who recommends dismissal of a teacher shall give notice of the recommendation in writing to each trustee of the district and to the teacher.
(c) The notice must state the specific instances of behavior or acts that led to the recommendation for dismissal.
(3) (a) Whenever the trustees of any district receive a recommendation for dismissal, the trustees shall notify the teacher of
his the right to a hearing before the trustees either by certified letter or by personal notification for which a signed receipt
must be returned. The teacher may in writing waive the right to a hearing. Unless the teacher waives the right to a hearing,
the teacher and trustees shall agree on a hearing date not less than 5 days or more than 20 days from the notice of intent to
recommend dismissal.
(b) The trustees shall conduct a hearing on the recommendation and resolve at the conclusion of the hearing to dismiss the teacher or to reject the recommendation for dismissal.
(4) With the exception of a county superintendent, a person who recommends dismissal pursuant to subsection (2) may suspend the teacher from active performance of duty with pay pending the hearing date if the teacher's behavior or acts that led to the recommendation for dismissal are contrary to the welfare of the students or the effective operation of the school district.
(5) Any teacher who has been dismissed may in writing within 10 days appeal such the dismissal to the county
superintendent. Following such appeal, a hearing must be scheduled within 10 days and held within 30 days after the
appeal, except that the period may be extended upon agreement between the teacher and the trustees. If the county
superintendent, after a hearing, determines that the dismissal by the trustees was made without good cause, he shall order
the trustees to reinstate such teacher and to compensate such teacher at his contract amount for the time lost during the
pending of the appeal under the guidelines set forth in 20-4-204. The teacher may appeal a decision to terminate an
employment contract to the county superintendent if the teacher's employment is not covered by a collective bargaining
agreement pursuant to Title 39, chapter 31. If the employment of the teacher is covered by a collective bargaining
agreement, a tenure teacher shall appeal a decision to terminate an employment contract to an arbitrator."
Section 7. Section 20-4-208, MCA, is amended to read:
"20-4-208. Transfer from administrative position. (1) A tenure teacher or specialist serving in an administrative
position may be assigned to a teaching or specialist position with a reduction in salary when the economic conditions of the
district require a reduction reduces the size of its administrative staff. The salary for the new position must be the same as
the salary that the teacher or specialist would have received if the teacher or specialist had been continuously employed in
the new position rather than in the administrative position.
(2) If a board policy or a collective bargaining agreement provides seniority rights for teachers or specialists, a district that
assigns a tenure teacher or specialist serving in an administrative position to a teaching or specialist position shall recognize
for teacher seniority purposes the tenure teacher's or specialist's time of service in the administrative position.
(3) As used in this section, the term:
(a) "administrative position" means a position that the trustees of a district designate as administrative or supervisory in
nature, not including the position of district superintendent; and
(b) "reduction of administrative staff" is limited to reductions necessary because of declining enrollment or financial
exigency.
(4) When a tenure teacher serving in an administrative position is to be transferred under this section, the teacher must be
notified prior to May 1 by certified letter or by personal notification for which a signed receipt must be obtained. The
notification must include:
(a) a statement of the reason or reasons for the reduction of administrative staff; and
(b) a printed copy of this section for the teacher's information.
(5) A tenure teacher who receives notice under subsection (4) may request in writing, within 10 days of the notice, a
hearing before the board of trustees. The board of trustees shall set the hearing not less than 10 days or more than 20 days
from receipt of the request unless both parties agree to an extension. If a hearing is requested, the trustees shall:
(a) conduct the hearing to determine whether the reason or reasons for the transfer were in compliance with the provisions
of subsection (1); and
(b) resolve at the end of the hearing to uphold the transfer or to reject the transfer and return the teacher to the
administrative position.
(6) A tenure teacher may appeal a decision under this section to the county superintendent as provided in 20-3-210. The
county superintendent shall conduct a hearing to determine whether the reason or reasons for the transfer were in
compliance with the provisions of subsection (1).
(7) The teacher or the trustees may appeal the determination of the county superintendent to the superintendent of public
instruction as provided in 20-3-107.
(8)(4) A tenure teacher who is transferred to a teaching position under this section must be offered the next comparable
administrative position for which he is endorsed that becomes available in the district or specialist may appeal a decision
pursuant to the arbitration procedure established in 20-4-204 WHO IS TRANSFERRED TO A TEACHING POSITION
UNDER THIS SECTION MUST BE OFFERED THE NEXT COMPARABLE ADMINISTRATIVE POSITION FOR
WHICH THE TENURE TEACHER IS ENDORSED THAT BECOMES AVAILABLE IN THE DISTRICT."
Section 8. Section 20-3-210, MCA, is amended to read:
"20-3-210. Controversy appeals and hearings. (1) Except for disputes arising under the terms of a collective bargaining
agreement or as provided under 20-3-211, 20-4-204, or 20-4-208, the county superintendent shall hear and decide all
matters of controversy arising in the county as a result of decisions of the trustees of a district in the county. ONLY A
COUNTY SUPERINTENDENT WHO POSSESSES THE QUALIFICATIONS OF 20-3-201(2) MAY HEAR
CONTROVERSIES RELATED TO TEACHER TERMINATION. Except as provided in subsection (2), exhaustion of
administrative remedies under this chapter is required prior to filing an action in district court concerning a decision of the
trustees. When appeals are made under 20-4-204 relating to the termination of services of a tenure teacher or under
20-4-207 relating to the dismissal of a teacher under contract, the county superintendent may appoint a qualified attorney at
law to act as a legal adviser who shall assist the superintendent in preparing findings of fact and conclusions of law.
Subsequently, either the teacher or trustees may appeal to the superintendent of public instruction under the provisions for
appeal of controversies in this title. WHEN APPEALS ARE MADE UNDER 20-4-204 RELATING TO THE
TERMINATION OF SERVICES OF A TENURE TEACHER OR UNDER 20-4-207 RELATING TO THE DISMISSAL
OF A TEACHER UNDER CONTRACT, THE COUNTY SUPERINTENDENT MAY APPOINT A QUALIFIED
ATTORNEY TO ACT AS A LEGAL ADVISER WHO SHALL ASSIST THE SUPERINTENDENT IN PREPARING
FINDINGS OF FACT AND CONCLUSIONS OF LAW. SUBSEQUENTLY, EITHER THE TEACHER OR TRUSTEES
MAY APPEAL TO THE DISTRICT COURT OF THE COUNTY IN WHICH THE TEACHER WAS EMPLOYED. THE
PROCEEDINGS MUST BE COMMENCED NOT LATER THAN 60 DAYS AFTER THE DATE OF THE DECISION
OF THE COUNTY SUPERINTENDENT. The county superintendent shall hear and decide all controversies arising under:
(a) 20-5-320 and 20-5-321 relating to the approval of out-of-district attendance agreements; or
(b) 20-4-206(4); or
(c)(b) any other provision of this title for which a procedure for resolving controversies is not expressly prescribed.
(2) Exhaustion of administrative remedies is not a prerequisite to filing an action in district court concerning a decision of the trustees of a district in the following instances:
(a) a state agency has been granted primary jurisdiction over the matter;
(b) the matter is governed by a specific statute; or
(c) the board of trustees has acted without jurisdiction or in excess of its jurisdiction.
(3) The county superintendent shall hear the appeal and take testimony in order to determine the facts related to the controversy and may administer oaths to the witnesses that testify at the hearing. The county superintendent shall prepare a written transcript of the hearing proceedings. The decision on the matter of controversy that is made by the county superintendent must be based upon the facts established at the hearing.
(4) The EXCEPT FOR TEACHER TERMINATION CASES, THE decision of the county superintendent may be appealed
to the superintendent of public instruction, and if it is appealed, the county superintendent shall supply a transcript of the
hearing and any other documents entered as testimony at the hearing to the superintendent of public instruction. IN
TEACHER TERMINATION CASES, AN APPEAL MAY BE FILED WITH THE DISTRICT COURT OF THE
COUNTY IN WHICH THE TEACHER WAS EMPLOYED NO LATER THAN 60 DAYS AFTER THE DATE OF THE
DECISION OF THE COUNTY SUPERINTENDENT. IF AN APPEAL IS FILED, THE COUNTY SUPERINTENDENT
SHALL PROVIDE A TRANSCRIPT OF THE HEARING AND ANY OTHER DOCUMENTS ENTERED AS
TESTIMONY AT THE HEARING TO THE DISTRICT COURT.
(5) Cost incurred by the office of the county superintendent must be paid from the general fund budget of the county in which the controversy is initiated."
Section 6. Section 20-7-456, MCA, is amended to read:
"20-7-456. Tenure of teachers or specialists employed by cooperatives. (1) Teachers or specialists who have tenure
rights with a district and who are employed by a cooperative of which their district is a member do not lose their tenure
with the district.
(2) Nontenured teachers or specialists employed by a cooperative acquire tenure with a cooperative in the same manner as
prescribed in 20-4-203, and the provisions of 20-4-204 through 20-4-207 and 20-4-205 are applicable to teachers or
specialists employed by a cooperative.
(3) Tenure for a teacher or specialist employed by a cooperative is acquired only with the cooperative and not with a
member school district of a cooperative.
(4) For the purposes of tenure of a teacher or specialist employed by a cooperative, cooperative contract renewals may not
be used to limit the teacher's or specialist's progress toward tenure status."
NEW SECTION. Section 7. Repealer. Sections 20-4-206 and 20-4-207, MCA, are repealed.
NEW SECTION. Section 9. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 10. Effective date -- applicability. [This act] is effective July 1, 1997, and applies
retroactively, within the meaning of 1-2-109, to contracts offered for the 1997-98 school year.
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