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

Mont. Code Ann. § 20-4-206 (2026)

Notification Of Nontenure Teacher Reelection -- Acceptance -- Termination

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 20
  3. CHAPTER 4
  4. Part 2
  5. 20-4-206 Notification of nontenure teacher reelection -- acceptance -- termination

TITLE 20. EDUCATION

CHAPTER 4. TEACHERS, SUPERINTENDENTS, AND PRINCIPALS

Part 2. Teacher Employment -- Tenure

Notification Of Nontenure Teacher Reelection -- Acceptance -- Termination

20-4-206. Notification of nontenure teacher reelection -- acceptance -- termination. (1) The trustees shall provide written notice by June 1 to each nontenure teacher employed by the district regarding whether the nontenure teacher has been reelected for the ensuing school fiscal year. A teacher who does not receive written notice of reelection or termination is automatically reelected for the ensuing school fiscal year.

(2) A nontenure teacher who receives notification of reelection for the ensuing school fiscal year shall provide the trustees with written acceptance of the conditions of reelection within 20 days after the receipt of the notice of reelection. Failure to notify the trustees within 20 days constitutes conclusive evidence of the nontenure teacher's nonacceptance of the tendered position.

(3) Subject only to the June 1 notice requirements in this section, the trustees may nonrenew the employment of a nontenure teacher at the conclusion of the school fiscal year with or without cause.

(4) As used in 20-4-209 and this section, "without cause" includes financial reasons.

History: En. Sec. 1, Ch. 324, L. 1973; amd. Sec. 1, Ch. 87, L. 1975; amd. Sec. 1, Ch. 142, L. 1975; R.C.M. 1947, 75-6105.1; amd. Sec. 2, Ch. 510, L. 1987; amd. Sec. 2, Ch. 439, L. 1991; amd. Sec. 5, Ch. 438, L. 1997; amd. Sec. 2, Ch. 697, L. 2025.

Notes of Decisions
Cited in 10 cases, 1982–2018 · leading case: Irving v. Sch. Dist. No. 1-1A, 813 P.2d 417 (Mont. 1991).
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Irving v. Sch. Dist. No. 1-1A, 813 P.2d 417 (Mont. 1991). · cites it 8× “Under the authority of § 20-4-206, MCA, Steffani asked the School Board for a list of reasons for her non-renewal.”
Victor Fed'n of Teachers Local 3494 v. Victor Sch. Dist. No. 7, 414 P.3d 1284 (Mont. 2018). · cites it 39× “If the teacher does not receive that written notice within the time the statute allows, she is "automatically reelected," and the School District may not "nonrenew" her employment without cause.”
Bridger Ed. Ass'n v. Bd. of Tr., Carbon Cty., 678 P.2d 659 (Mont. 1984). · cites it 30× “He asked for the reasons underlying termination as provided for in section 20-4-206(3), MCA. The School District replied that it believed it "could find a better teacher.”
Med. Horse v. Trs., Big Horn Cnty. Sch. Dist. No. 27, 823 P.2d 230 (Mont. 1991). · cites it 4× “*233 This policy authorizes termination of non-certified employees at any time; it does not address and, thus, can hardly be said to require the giving of reasons for termination.”
Savage Pub. Schs. v. Savage Educ. Ass'n, 647 P.2d 833 (Mont. 1982). · cites it 6× “The procedures outlined in Art. XIII, § 2 of the Collective Bargaining Agreement merely grant nontenured teachers the right to notice and an explanation for their nonrenewal.”
Roos v. Kircher Pub. Sch. Bd. of Trs., Sch. Dist. No. 3, 86 P.3d 39 (Mont. 2004). · cites it 7× “Section 20-4-206, MCA, provides: Notification of nontenure teacher reelection- acceptance-termination.”
Hurtt v. Sch. Dist. No. 29 Big Ho, 723 P.2d 205 (Mont. 1986). · cites it 6× “Because Hurtt was a principal, the provisions of Section 20-4-206, MCA, apply to the nonrenewal of Hurtt’s contract.”
Keller v. Sch. Dist. No. 5, 774 P.2d 409 (Mont. 1989). · cites it 36× “section 20-4-206 (4), MCA. Petitioner did not request the reasons for termination of her contract within ten days, nor did she appeal the board's decision to not renew the contract within thirty days.”
Birgenheier v. Trs., Yellowstone Cnty. Sch. Dist., No. 2, 791 P.2d 1388 (Mont. 1990). · cites it 29× “The District Court of the First Judicial District, Lewis and Clark County, ruled that the School District’s notice of non-renewal did not properly comply with § 20-4-206, MCA, and remanded the matter to the School District for the District to provide plaintiff with a statement…”
Thompson v. Bd. of Trs. of Sch. Dist. No. 2, 774 P.2d 412 (Mont. 1989). · cites it 10× “We reframe the issues as follows: Where a nontenure teacher has received notice of termination *500 under § 20-4-206, MCA 1985, and challenges the sufficiency of the reasons given for termination, to what extent has the teacher the following remedies: (1) Remedies under the…”
Mont. Code Ann. § 20-4-206(1): 3 cases
Victor Fed'n of Teachers Local 3494 v. Victor Sch. Dist. No. 7, 414 P.3d 1284 (Mont. 2018). “If the teacher does not receive that written notice within the time the statute allows, she is "automatically reelected," and the School District may not "nonrenew" her employment without cause.”
Hurtt v. Sch. Dist. No. 29 Big Ho, 723 P.2d 205 (Mont. 1986). “Because Hurtt was a principal, the provisions of Section 20-4-206, MCA, apply to the nonrenewal of Hurtt’s contract.”
Keller v. Sch. Dist. No. 5, 774 P.2d 409 (Mont. 1989). “section 20-4-206 (4), MCA. Petitioner did not request the reasons for termination of her contract within ten days, nor did she appeal the board's decision to not renew the contract within thirty days.”
Mont. Code Ann. § 20-4-206(3): 4 cases
Bridger Ed. Ass'n v. Bd. of Tr., Carbon Cty., 678 P.2d 659 (Mont. 1984). “He asked for the reasons underlying termination as provided for in section 20-4-206(3), MCA. The School District replied that it believed it "could find a better teacher.”
Victor Fed'n of Teachers Local 3494 v. Victor Sch. Dist. No. 7, 414 P.3d 1284 (Mont. 2018). “If the teacher does not receive that written notice within the time the statute allows, she is "automatically reelected," and the School District may not "nonrenew" her employment without cause.”
Keller v. Sch. Dist. No. 5, 774 P.2d 409 (Mont. 1989). “section 20-4-206 (4), MCA. Petitioner did not request the reasons for termination of her contract within ten days, nor did she appeal the board's decision to not renew the contract within thirty days.”
Birgenheier v. Trs., Yellowstone Cnty. Sch. Dist., No. 2, 791 P.2d 1388 (Mont. 1990). “The District Court of the First Judicial District, Lewis and Clark County, ruled that the School District’s notice of non-renewal did not properly comply with § 20-4-206, MCA, and remanded the matter to the School District for the District to provide plaintiff with a statement…”
Mont. Code Ann. § 20-4-206(4): 2 cases
Keller v. Sch. Dist. No. 5, 774 P.2d 409 (Mont. 1989). “section 20-4-206 (4), MCA. Petitioner did not request the reasons for termination of her contract within ten days, nor did she appeal the board's decision to not renew the contract within thirty days.”
Birgenheier v. Trs., Yellowstone Cnty. Sch. Dist., No. 2, 791 P.2d 1388 (Mont. 1990). “The District Court of the First Judicial District, Lewis and Clark County, ruled that the School District’s notice of non-renewal did not properly comply with § 20-4-206, MCA, and remanded the matter to the School District for the District to provide plaintiff with a statement…”
Mont. Code Ann. § 20-4-206(l): 1 case
Keller v. Sch. Dist. No. 5, 774 P.2d 409 (Mont. 1989). “section 20-4-206 (4), MCA. Petitioner did not request the reasons for termination of her contract within ten days, nor did she appeal the board's decision to not renew the contract within thirty days.”
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