Mont. Code Ann. » TITLE 20. EDUCATION · CHAPTER 4. TEACHERS, SUPERINTENDENTS, AND PRINCIPALS · Part 2. Teacher Employment -- Tenure
Montana Code Annotated

Mont. Code Ann. § 20-4-201 (2026)

Employment Of Teachers And Specialists By Contract

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 20
  3. CHAPTER 4
  4. Part 2
  5. 20-4-201 Employment of teachers and specialists by contract

TITLE 20. EDUCATION

CHAPTER 4. TEACHERS, SUPERINTENDENTS, AND PRINCIPALS

Part 2. Teacher Employment -- Tenure

Employment Of Teachers And Specialists By Contract

20-4-201. Employment of teachers and specialists by contract. (1) The trustees of any district 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 the person to perform the duties prescribed by the trustees for the position of employment. Each teacher or specialist must be employed under written contract, and each contract of employment must be authorized by a proper resolution of the trustees and must be executed in duplicate by the presiding officer of the trustees and the clerk of the district in the name of the district and by the teacher or specialist.

(2) A contract of employment with a teacher or specialist may not require the teacher or specialist to teach more than 5 days a week or on any holiday recognized by 20-1-305. A deduction 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. A teacher's or specialist's contract made in conflict with the 5-days-a-week provision of this section is not enforceable against the teacher or specialist.

(3) Whenever the 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, 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 a contract is executed, the districts shall prorate the compensation provided by the contract on the basis of the total number of instructional hours expended by 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 the oath or affirmation before an officer authorized by law to administer oaths.

History: En. 75-6102 by Sec. 83, Ch. 5, L. 1971; R.C.M. 1947, 75-6102; amd. Sec. 14, Ch. 511, L. 1979; amd. Sec. 3, Ch. 308, L. 1987; amd. Sec. 3, Ch. 318, L. 2001.

Notes of Decisions
Cited in 4 cases, 1991–2018 · leading case: Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991).
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Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). · cites it 4× “In applying the foregoing holdings to the present case, we must also consider § 20-4-201, MCA, which covers the employment of teachers and states in pertinent part: (1) The Trustees of any district shall have the authority to employ any person as a teacher .”
Kalispell Educ. Ass'n v. Bd. of Trs., 2011 MT 154, 255 P.3d 199. · cites it 9× “The District opposed the petition and filed a counterclaim for declaratory judgment, followed by a motion for summary judgment, requesting a determination that § 20-4-201, MCA, prohibits a Montana school district from entering into or maintaining an employment contract with an…”
Scobey Sch. Dist. v. Radakovich, 2006 MT 83, 135 P.3d 778. · cites it 6× “Included among those cuts was Radakovich’s full-time social studies position at the high school, for which the District assigned three teachers endorsed in multiple subjects, including a junior tenured and non-tenured teacher, to teach his courses, in addition to teaching their…”
Victor Fed'n of Teachers Local 3494 v. Victor Sch. Dist. No. 7, 2018 MT 72, 414 P.3d 1284. “It thus does not provide any avenue for the relief that Arechaga seeks.”
Mont. Code Ann. § 20-4-201(1): 1 case
Kalispell Educ. Ass'n v. Bd. of Trs., 2011 MT 154, 255 P.3d 199. “The District opposed the petition and filed a counterclaim for declaratory judgment, followed by a motion for summary judgment, requesting a determination that § 20-4-201, MCA, prohibits a Montana school district from entering into or maintaining an employment contract with an…”
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