SENATE BILL NO. 182
INTRODUCED BY J. COBB
AN ACT EXPANDING THE INTERLOCAL COOPERATION ACT TO ALLOW SCHOOL DISTRICTS TO SHARE TEACHERS, SPECIALISTS, SUPERINTENDENTS, OR OTHER PROFESSIONAL PERSONS LICENSED UNDER TITLE 37; AMENDING SECTIONS 7-11-104, 7-11-105, 20-4-201, AND 20-4-401, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-11-104, MCA, is amended to read:
"7-11-104. Authorization to create interlocal agreements -- issuance of bonds for joint construction -- hiring of teacher, specialist, or superintendent. One or more public agencies may contract with any one or more other public agencies to perform any administrative service, activity, or undertaking or to participate in the provision or maintenance of any public infrastructure facility, project, or service, including the issuance of bonds for the joint construction of a facility under 20-9-404, the hiring of a teacher or specialist under 20-4-201 or a superintendent under 20-4-401, or the hiring of or contracting with any other professional person licensed under Title 37, that any of the public agencies entering into the contract is authorized by law to perform. The contract must be authorized and approved by the governing body of each party to the contract. The contract must outline fully the purposes, powers, rights, obligations, and responsibilities of the contracting parties."
Section 2. Section 7-11-105, MCA, is amended to read:
"7-11-105. Detailed contents of interlocal agreements. The contract authorized by 7-11-104 shall must specify the
following:
(1) its duration;
(2) the precise organization, composition, and nature of any separate legal entity created thereby by the contract;
(3) the purpose or purposes of said the interlocal contract;
(4) the manner of financing the joint or cooperative undertaking and establishing and maintaining a budget therefor for
the undertaking;
(5) the permissible method or methods to be employed in accomplishing the partial or complete termination of the
agreement and, if applicable, for disposing of property upon such a partial or complete termination;
(6) provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking,
including representation of the contracting parties on said the joint board;
(7) if applicable, the manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;
(8) if applicable, the manner of sharing the employment of a teacher or specialist under 20-4-201, a superintendent under 20-4-401, or a professional person licensed under Title 37; and
(8)(9) any other necessary and proper matters."
Section 3. Section 20-4-201, MCA, is amended to read:
"20-4-201. Employment of teachers and specialists by contract. (1) The trustees of any district shall have the
authority to employ any person as a teacher or specialist, but only a person who holds a valid Montana teacher or specialist
certificate or for whom an emergency authorization of employment has been issued that qualifies such the person to
perform the duties prescribed by the trustees for the position of employment. Each teacher or specialist shall must be
employed under written contract, and each contract of employment shall must be authorized by a proper resolution of the
trustees and shall must be executed in duplicate by the chairman presiding officer of the trustees and the clerk of the district
in the name of the district and by the teacher or specialist.
(2) No A contract of employment with a teacher or specialist shall may not require such the teacher or specialist to
teach more than 5 days a week or on any holiday recognized by 20-1-305. No A deduction shall may not be made from a
teacher's or specialist's salary by reason of the fact that a holiday falls on a school day. Any A teacher's or specialist's
contract made in conflict with the 5-days-per-week 5-days-a-week provision of this section shall is not be enforceable
against the teacher or specialist.
(3) Whenever the board boards of trustees of two or more school districts form a joint board of trustees under the
provisions of 20-3-361 or when the boards of trustees of two or more school districts enter into an interlocal agreement
pursuant to Title 7, chapter 11, part 1, to cooperatively share the employment of a teacher or specialist, such the joint board
of trustees or the boards of trustees of two or more school districts, pursuant to an interlocal agreement, may execute a
contract of employment with a teacher or specialist who shall serve the districts. When such a contract is executed, the
districts shall prorate the compensation provided by such the contract on the basis of the total number of instructional hours
expended by such the teacher or specialist within each district.
(4) Any contract executed under the provisions of this section may contain the oath or affirmation prescribed in
20-4-104, and the teacher or specialist shall subscribe to such the oath or affirmation before an officer authorized by law to
administer oaths."
Section 4. Section 20-4-401, MCA, is amended to read:
"20-4-401. Appointment and dismissal of district superintendent or county high school principal. (1) The trustees of any high school district, except a county high school, and the trustees of the elementary district where its high school building is located shall jointly employ and appoint a district superintendent. The trustees of a county high school shall employ and appoint a district superintendent, except that they may employ and appoint a holder of a class 3 teacher certificate with a district superintendent endorsement as the county high school principal in lieu of a district superintendent. The trustees of any other district may employ and appoint a district superintendent.
(2) Whenever a joint board of trustees has been formed by a county high school and the elementary district where the
county high school is located, such the joint board shall jointly employ and appoint a district superintendent. During the
term of contract of the jointly appointed district superintendent, neither district shall may separately employ and appoint a
district superintendent or county high school principal.
(3) School districts other than those provided in subsection (2) that form a joint board of trustees or the boards of trustees of two or more districts may jointly employ and appoint a district superintendent, as allowed in 20-3-362, or may enter into an interlocal agreement pursuant to Title 7, chapter 11, part 1, to cooperatively share the employment of a district superintendent.
(4) The written contract of employment of a district superintendent or a county high school principal shall must be
authorized by the proper resolution of the trustees of the district or the joint board of trustees and executed in duplicate by
the chairman presiding officer of the trustees or joint board of trustees and the clerks of the districts in the name of the
districts and by the district superintendent or the county high school principal. Such The contract shall must be for a term of
not more than 3 years, and after the second successive contract, the contract shall be deemed is considered to be renewed
for a further term of 1 year from year to year thereafter unless the trustees shall, by resolution passed by a majority vote of
its membership, resolve to terminate the services of the district superintendent or the county high school principal at the
expiration of his the existing contract. The trustees shall take such the termination action and notify the district
superintendent or the county high school principal in writing of their intent to terminate his the superintendent's or
principal's services at the expiration of his the superintendent's or principal's current contract not later than February 1 of
the last year of such the contract.
(5) Whenever a joint board of trustees or the boards of trustees of two or more districts employs a person as the district superintendent under subsection (2) or (3), the districts shall prorate the compensation provided by the contract of employment on the basis of the number of teachers employed by each district.
(6) At any time the class 3 teacher certification or the endorsement of the certificate of a district superintendent or a
county high school principal that qualifies such the person to hold such the position becomes invalid, the trustees of the
district or the joint board of trustees shall discharge such the person as the district superintendent or county high school
principal regardless of the unexpired term of his the contract. The trustees shall may not compensate him the superintendent
or principal under the terms of his the contract for any services rendered subsequent to the date of the invalidation of his the
teacher certificate.
(7) No A district superintendent or county high school principal shall may not engage in any work or activity which that
the trustees may deem consider to be in conflict with his the duties and employment as the district superintendent or county
high school principal."
Section 5. Effective date. [This act] is effective on passage and approval.
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