No. 13459 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1977 

GRANT R. GALLUP, 

Plaintiff and Appellant, 

SUPERINTENDENT OF PUBLIC INSTRUCTION 

of the State of Montana, 

Defendant and Respondent. 

Appeal from: District Court of the First Judicial District, 

Honorable Gordon R. Bennett, Judge presiding. 

Counsel of Record: 

For Appellant: 

Astle and Astle, Kalispell, Montana 

David Astle argued, Kalispell, Montana 

For Respondent : 

W. Corbin Howard, Helena, Montana 

For Amicus Curiae: 

Cannon and Gillespie, Helena, Montana 

Richard Gillespie argued, Helena, Montana 

Submitted: April 18, 1977 

Decided: MAY - 4 lgn 

Filed: MAY . i 917 
Mr. Justice John Conway Harrison delivered the Opinion of the 

Court. 

This is an appeal from an order of the district court, 

Lewis and Clark County, granting defendant's motion to dismiss 

with prejudice. 

Several issues are presented by plaintiff Grant R. Gallup, 

but we find the controlling issue to be whether his rights and 

remedies in this matter were foreclosed by his failure to timely 

pursue proper legal remedies in the district court from a decision 

of the state superintendent affirming the termination of his 

tenure. 

Gallup in 1973 was a tenured teacher of School District No. 

9, Glacier County, Montana, having taught there for 9 years. In 

September 1973, the board of trustees of the district dismissed 

him pursuant to section 75-6107, R.C.M. 1947, which provides for 

dismissal of a teacher during the contract term. 

Gallup appealed the decision to the superintendent of schools 

oi Glacier County, who, following a hearing, reversed the board. 

The board of trustees appealed that decision to the state superintendent who upheld the decision of the county superintendent. That 

decision was appealed to the district court which reversed the decision of the state superintendent. Gallup appealed to this Court 

and in a decision dated December 21, 1976, the Court reversed the 

district court's judgment and affirmed that of the state superintendent of public instruction reinstating Gallup for the remainder 

or his 1973-74 contract. See: Board of Trustees of School District 

No. 9, Glacier County v. Superintendent of Public Instruction, 

oL the State of Montana and Grant R. Gallup, Mont . 9 

557 P.2d 1048, 33 St.Rep. 1221. 
:hi Ylarch 13, i914, when Gallup's case was still before the 

Glacier County superintendent on the dismissal of September 1973, 

the board of trustees met for the purpose of renewing teachersr 

contracts for the coming 1974-75 school year. The board voted 

to terminate Gallup's tenured service at the end of the 1973-74 

school year pursuant to section 75-6103, R.C.M. 1947. We note 

that in September 1973, the board terminated all up's contract 

under section 75-6107, R.C.M. 1947. The March 13, 1974, action 

taken by the board was under a different statute and during the 

pendency of the first appeal. At this point in the case the 

board chose to terminate any future employment with Gallup, 

regardless of the outcome of the first case. This decision was 

communicated to Gallup by letter dated March 19, 1974. On 

March 25, 1974, Gallup demanded reasons for his termination and 

the board gave eight reasons. At a hearing before the board 

on April 26, 1974, Gallup appeared with counsel but refused to 

testify. After he left, the board heard evidence and terminated 

his services as a tenured teacher for the school year 1974-75. 

Thereafter Gallup appealed the board's decision to the 

Glacier County superintendent of schools. Both parties appeared 

at the hearing and stipulated that two questions should be considered and that the transcript of the hearing before the board 

of trustees would provide the relevant background. The county 

superintendent found the charges unsupported and ordered Gallup 

reinstated. The board appealed to the state superintendent, who 

reversed the county superintendent. The decision of the state 

superintendent was dated November 14, 1975. No appeal was made 

to the district court until May 17, 1976. 

Section 75-5709, R.C.M. 1947, as amended by Sec. 1, Ch.300, 

L.1974, is controlling. It provides in pertinent part: 
'x The decision of the superintendent of public 

instruction shall be final, subject to the proper 

Legal remedies in the state courts. Such proceedings 

.- 

shall be commenced no later than sixty (60) days after 

the date of the decision of the superintendent of public 

instruction." (Emphasis povided. ) 

Lzr a recent case, Schweigert v. Board of Trus tees, 163 

Mont. 29, 515 P.2d 85, this Court held that where a tenured 

teacher did not follow statutory procedure in making a written 

request within ten days for a statement of reasons and a hearing, 

her rights under the statute expired and she was foreclosed 

from thereafter bringing suit challenging the decision not to 

renew her contract. In the instant case more than six months 

passed and Gallup cannot at this late date breathe life into his 

complaint. 

Having failed to pursue his statutory administrative remedies 

within the time allowed by law, Gallup's right to contest the 

termination of his employment as a tenured teacher was at an end. 

The statutory time limitations are mandatory to provide for 

prompt resolution of teacher employment controversies in the 

public interest, as well as the respective interests of the 

principals involved. 

The judgment of the district court is affirmed. 

We Concur: I 

J- 6*- u 

Chief Justice