Montana Code Annotated

Mont. Code Ann. § 20-4-203 (2026)

Teacher Tenure

✓ current as of May 2026

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TITLE 20. EDUCATION

CHAPTER 4. TEACHERS, SUPERINTENDENTS, AND PRINCIPALS

Part 2. Teacher Employment -- Tenure

Teacher Tenure

20-4-203. Teacher tenure. (1) Except as provided in 20-4-208, 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 reelected from year to year as a tenured teacher at the same salary and in the same or a comparable position of employment as that provided by the last-executed contract with the teacher unless the trustees resolve by majority vote of their membership to terminate the services of the teacher in accordance with the provisions of 20-4-204.

(2) The tenure of a teacher with a district may not be impaired upon termination of services of the teacher if the following conditions exist:

(a) the tenure teacher is terminated because the financial condition of the district requires a reduction in the number of teachers employed; and

(b) continued employment rights are provided for in a collectively bargained contract of the district.

(3) (a) For the purposes of subsection (1), "same salary" means the daily rate of pay, excluding benefits and excluding stipends for nonteaching duties, multiplied by the number of days worked under the last-executed contract with the teacher, up to the total number of days funded by the state in the per-ANB entitlements, as provided in 20-9-311, including pupil-instruction-related days. The calculation of daily rate of pay is determined by dividing the salary in the last-executed contract with the teacher for pupil-instruction and pupil-instruction-related days, excluding benefits and excluding stipends for nonteaching duties, by the total number of contracted days under the last-executed contract.

(b) The definition of same salary may be modified if negotiated and agreed to in a collective bargaining agreement executed by the district and the teacher's exclusive representative pursuant to Title 39, chapter 31, or in an individual contract between the district and a teacher in a district in which the teachers have no exclusive representative as provided in Title 39, chapter 31.

(4) Upon receiving tenure, the employment of a teacher may be terminated for good cause.

History: En. 75-6103 by Sec. 84, Ch. 5, L. 1971; amd. Sec. 1, Ch. 49, L. 1971; R.C.M. 1947, 75-6103; amd. Sec. 16, Ch. 511, L. 1979; amd. Sec. 1, Ch. 521, L. 1983; amd. Sec. 1, Ch. 479, L. 1989; amd. Sec. 1, Ch. 204, L. 1991; amd. Sec. 1, Ch. 259, L. 1997; amd. Sec. 2, Ch. 438, L. 1997.

Notes of Decisions

Cited in 18 cases, 1981–2011 · leading case: Dolan v. Sch. Dist. No. 10, Deer Lodge Cty., 636 P.2d 825 (Mont. 1981).

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Dolan v. Sch. Dist. No. 10, Deer Lodge Cty., 636 P.2d 825 (Mont. 1981). · cites it 62× “In 1971, the Montana Legislature enacted section 20-4-203, MCA, which provides that: “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…”

Small v. Bd. of Trs., 2001 MT 181 (Mont. 2001). · cites it 24× “The court concluded that the State Superintendent had erred as a matter of law when it held that Small was not a "tenured teacher" pursuant to § 20-4-203, MCA. The court denied Small's request for damages, concluding that the issue of damages was premature, and remanded the case…”

Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982). · cites it 14× “Yanzick meets the qualification of a tenured teacher as defined in section 20-4-203, MCA: "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 .”

Talley v. Flathead Valley Cmty. Coll., 857 P.2d 701 (Mont. 1993). · cites it 19× “On February 19, 1992, Talley filed an amended complaint alleging a tenth count based upon Montana’s educational tenure statute, § 20-4-203, MCA. Talley claimed that the tenure statute applies to part-time instructors of community colleges.”

Massey v. Argenbright, 683 P.2d 1332 (Mont. 1984). · cites it 18× “The State Superintendent of Public Instruction affirmed the county superintendent, expressly holding that "for the purposes of interpreting the comparable position requirement of Section 20-4-203, MCA, teaching experience is necessary.”

Sorlie v. Sch. Dist. No. 2, 667 P.2d 400 (Mont. 1983). · cites it 12× “" Section 20-4-203, MCA. There is no separate tenure for administrative personnel.”

Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983). · cites it 6× “She filed an action in District Court, and it ruled that section 20-4-203(2), MCA, violated the equal protection and due process clauses of the United States and Montana Constitutions and was repealed by the enactment of sections 49-2-303(1) and 49-3-201, MCA, of the Human…”

Harris v. Bauer, 672 P.2d 26 (Mont. 1983). · cites it 15× “Section 20-4-203, MCA (1978) (formerly section 75-6103, R.”

Scobey Sch. Dist. v. Radakovich, 2006 MT 83 (Mont. 2006). · cites it 112× “In each instance he argued that his termination violated both § 20-4-203, MCA (1993), and the CBA. Both superintendents affirmed his dismissal.”

Stansberry v. Argenbright, 738 P.2d 478 (Mont. 1987). · cites it 9× “Though the original enactment provided tenure to a teacher upon the second annual teaching contract, § 20-4-203, MCA, its effect at the time that the matters related to this action took place was that whenever a teacher "has been elected by the offer and acceptance of a contract…”

Harris v. Trs., Cascade Cnty. Sch. Districts No. 6 & F, 786 P.2d 1164 (Mont. 1990). · cites it 9× “In Massey , we held that the language of the tenure statute, § 20-4-203, MCA, — which guarantees teachers employment “at the same salary” and in a “comparable position of employment” — cannot be given a broad meaning when a school district wishes to reassign a tenured teacher to…”

Kenny v. Bd. of Trs. of Valley Cnty. Sch. Dist. Numbers 1 & 1-A, 543 F. Supp. 1194 (D. Mont. 1982). · cites it 12× “Upon reaching age 65, her teaching contract was renewed on a year-to-year basis in accordance with Montana Code Annotated [hereinafter MCA] § 20-4-203(2) (1979). Kenny became 69 years of age during the 1980-81 school year.”

Show all 18 citing cases →

— Mont. Code Ann. § 20-4-203(1) — 2 cases

Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982). “Yanzick meets the qualification of a tenured teacher as defined in section 20-4-203, MCA: "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 .”

King v. Hays/Lodge Pole Pub. Sch. Dist. 50 Bd. of Trs., 2011 MT 200 (Mont. 2011).

— Mont. Code Ann. § 20-4-203(2) — 5 cases

Dolan v. Sch. Dist. No. 10, Deer Lodge Cty., 636 P.2d 825 (Mont. 1981). “In 1971, the Montana Legislature enacted section 20-4-203, MCA, which provides that: “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…”

Taylor v. Dep't of Fish, Wildlife & Parks, 666 P.2d 1228 (Mont. 1983). “She filed an action in District Court, and it ruled that section 20-4-203(2), MCA, violated the equal protection and due process clauses of the United States and Montana Constitutions and was repealed by the enactment of sections 49-2-303(1) and 49-3-201, MCA, of the Human…”

Kenny v. Bd. of Trs. of Valley Cnty. Sch. Dist. Numbers 1 & 1-A, 543 F. Supp. 1194 (D. Mont. 1982). “Upon reaching age 65, her teaching contract was renewed on a year-to-year basis in accordance with Montana Code Annotated [hereinafter MCA] § 20-4-203(2) (1979). Kenny became 69 years of age during the 1980-81 school year.”

Ross v. City of Great Falls, 1998 MT 276 (Mont. 1998).

Scobey Sch. Dist. v. Radakovich, 2006 MT 83 (Mont. 2006). “In each instance he argued that his termination violated both § 20-4-203, MCA (1993), and the CBA. Both superintendents affirmed his dismissal.”

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