HOUSE BILL NO. 628
INTRODUCED BY D. HAINES
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING TWO SCHOOL DISTRICTS TO JOINTLY APPOINT A SUPERINTENDENT AND TO RETAIN ANY SAVINGS RESULTING FROM THE JOINT EMPLOYMENT; AMENDING SECTION 20-4-401, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. 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 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 may jointly employ
and appoint a district superintendent as allowed in 20-3-362.
(4) Notwithstanding the standards of accreditation adopted by the board of public education, the trustees of two school districts may jointly appoint a district superintendent. Any savings resulting from the joint employment of a superintendent may be retained by the trustees for use within their districts.
(4)(5) 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 services at the expiration of his
the current contract not later than February 1 of the last year of such the contract.
(5)(6) Whenever a joint board of trustees employs appoints 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)(7) 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 person under
the terms of his the contract for any services rendered subsequent to the date of the invalidation of his the teacher
certificate.
(7)(8) 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."
NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1999.
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Latest Version of HB 628 (HB0628.01)
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