Mont. Code Ann. » TITLE 20. EDUCATION · CHAPTER 3. ELECTED OFFICIALS · Part 2. County Superintendent of Schools
Montana Code Annotated

Mont. Code Ann. § 20-3-211 (2026)

Disqualification Of County Superintendent

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 20
  3. CHAPTER 3
  4. Part 2
  5. 20-3-211 Disqualification of county superintendent

TITLE 20. EDUCATION

CHAPTER 3. ELECTED OFFICIALS

Part 2. County Superintendent of Schools

Disqualification Of County Superintendent

20-3-211. Disqualification of county superintendent. A county superintendent may not hear or decide matters of controversy pursuant to 20-3-210 when:

(1) the county superintendent is a party to or has an interest in the controversy;

(2) the county superintendent is related to either party in the controversy by consanguinity or affinity within the sixth degree, computed according to the rules of law;

(3) either party to the controversy makes and files with the county superintendent of schools an affidavit that the party has reason to believe and does believe that the party cannot have a fair and impartial hearing before the county superintendent by reason of the bias or prejudice of the county superintendent; or

(4) the controversy involves the education or possible identification of a child with a disability.

History: En. Sec. 1, Ch. 489, L. 1979; amd. Sec. 1, Ch. 236, L. 1987; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999; amd. Sec. 277, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases, 2015–2015 · leading case: In re the Transfer Territory from Poplar Elementary Sch. Dist. No. 9 to Froid Elementary Sch. Dist. No. 65, 2015 MT 278 (Mont. 2015).
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In re the Transfer Territory from Poplar Elementary Sch. Dist. No. 9 to Froid Elementary Sch. Dist. No. 65, 2015 MT 278 (Mont. 2015). · cites it 2× “¶25 As required by § 20-3-201(1), MCA, Superintendent Stennes was the duly elected Roosevelt County Superintendent of Schools. The only statutory provision allowing a duly elected county superintendent to appoint another individual to hear and decide a matter in controversy is…”
Poplar Elem. v. Froid Elem., 2015 MT 278 (Mont. 2015). · cites it 2× “¶25 As required by § 20-3-201(1), MCA, Superintendent Stennes was the duly elected Roosevelt County Superintendent of Schools. The only statutory provision allowing a duly elected county superintendent to appoint another individual to hear and decide a matter in controversy is…”
Poplar Elem. v. Froid Elem., 2015 MT 278 (Mont. 2015). · cites it 2× “¶25 As required by § 20-3-201(1), MCA, Superintendent Stennes was the duly elected Roosevelt County Superintendent of Schools. The only statutory provision allowing a 14 duly elected county superintendent to appoint another individual to hear and decide a matter in controversy…”
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