reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-102. Term, oath, and vacancy

20-3-102. Term, oath, and vacancy.
(1) The superintendent of public instruction shall hold office at the seat of government for a term of 4 years. The superintendent shall assume office on the first Monday of January following election and shall hold the office until a successor has been elected and qualified. Any person elected as the superintendent of public instruction shall take the oath of a civil officer.
(2) If the office of superintendent of public instruction becomes vacant, it must be filled in the manner prescribed by The Constitution of the State of Montana.
History: En. 75-5703 by Sec. 12, Ch. 5, L. 1971; R.C.M. 1947, 75-5703; amd. Sec. 271, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-103. Deputy superintendent -- staff

20-3-103. Deputy superintendent -- staff.
(1) The state superintendent of public instruction shall appoint a deputy who, in the absence of the superintendent or in the case of vacancy in that office, shall perform all the duties of office until the disability is removed or the vacancy is filled. The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering on the performance of the deputy's duties. If the superintendent of public instruction has fewer than 5 years of teaching or school administrative experience, the superintendent shall appoint a deputy with at least 5 years of teaching or school administrative experience.
(2) The superintendent of public instruction has the power to employ, organize, and administer a staff of personnel to assist in the administration of the duties and services of the office. In organizing the staff, the superintendent of public instruction may employ:
(a) a professional staff with expertise in curriculum, instruction, and assessment;
(b) specialists in curriculum and instruction in the content areas contained in the accreditation standards adopted by the board of public education under 20-7-101;
(c) a supervisor of physical education who is a graduate of an accredited institution of higher education with a master's degree in physical education;
(d) a professional staff consisting of individuals prepared in career and technical education program areas, including but not limited to agriculture education, business and marketing education, family and consumer sciences education, health science education, and industrial technology education; and
(e) a special education supervisor who is a graduate of an accredited institution of higher education with a master's degree in a field related to special education for persons with disabilities and who has not less than 2 years' experience in special education.
History: (1)En. Sec. 1, Ch. 86, L. 1903; re-en. Sec. 143, Rev. C. 1907; re-en. Sec. 122, R.C.M. 1921; re-en. Sec. 122, R.C.M. 1935; amd. Sec. 1, Ch. 181, L. 1947; amd. Sec. 1, Ch. 8, L. 1949; amd. Sec. 48, Ch. 177, L. 1965; amd. Sec. 3, Ch. 468, L. 1977; Sec. 82-601, R.C.M. 1947; (2)En. 75-5704 by Sec. 13, Ch. 5, L. 1971; Sec. 75-5704, R.C.M. 1947; R.C.M. 1947, 75-5704, 82-601(part); amd. Sec. 10, Ch. 598, L. 1979; amd. Sec. 1, Ch. 436, L. 1987; amd. Sec. 8, Ch. 658, L. 1987; amd. Sec. 2, Ch. 249, L. 1991; amd. Sec. 2, Ch. 133, L. 2001; amd. Sec. 2, Ch. 168, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-104. Discretionary staff

20-3-104. Discretionary staff.
In addition to the positions of employment listed in 20-3-103, the superintendent of public instruction may employ:
(1) one or more assistant superintendents, one of whom may be designated as assistant superintendent for K-12 career and vocational/technical education;
(2) a high school supervisor who is the holder of a class 3 teacher certificate with a district superintendent endorsement;
(3) an elementary supervisor who is the holder of a valid teacher certificate;
(4) a competent person to develop economy and efficiency in school transportation and to otherwise supervise the transportation program;
(5) a music supervisor who is a graduate of an accredited institution of higher education in music education and who has not less than 5 years of teaching experience;
(6) an educational media supervisor who is a graduate of an accredited institution of higher education and who has experience in the field of educational media; and
(7) any other supervisors or assistants that may be required to carry out the duties of the office.
History: En. 75-5705 by Sec. 14, Ch. 5, L. 1971; R.C.M. 1947, 75-5705; amd. Sec. 11, Ch. 598, L. 1979; amd. Sec. 3, Ch. 133, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-105. Administrative powers and duties

20-3-105. Administrative powers and duties.
In administering the affairs of the office, the superintendent of public instruction has the power and it is the superintendent's duty to:
(1) keep a record of official acts and all documents applicable to the administration of the office, preserve all official reports submitted to the superintendent for the period required by law, and surrender them to the superintendent's successor at the expiration of the term;
(2) preserve all books, educational media, instructional equipment, and any other articles of educational interest and value that come into the superintendent's possession and surrender them to the superintendent's successor at the expiration of the term;
(3) cause the printing and distribution of all reports and forms necessary for the proper conduct of business by a district or school in the manner prescribed by the provisions of this title;
(4) provide and keep an official seal of the superintendent of public instruction by which official acts must be authenticated;
(5) if considered necessary, cause the printing of a complete and updated volume of the school laws of the state, which must be offered and sold at cost of the printing and shipping to any school official or other person;
(6) whenever a replacement volume is not printed under the provisions of subsection (5), cause the printing of a cumulative supplement to the most recent volume of school laws immediately after the conclusion of any session of the legislature at which new school laws or amendments to the school laws were adopted. It must be offered and sold at cost of the printing and shipping to any school official or other person.
(7) counsel with and advise county superintendents on matters involving the welfare of the schools and, when requested, give a county superintendent a written answer to any question concerning school law;
(8) call an annual meeting of the county superintendents when considered advisable;
(9) as far as practicable, address public assemblies on subjects pertaining to education in Montana; and
(10) faithfully work in all practical and possible ways for the welfare of the public schools of the state.
History: En. 75-5706 by Sec. 15, Ch. 5, L. 1971; R.C.M. 1947, 75-5706; amd. Sec. 6, Ch. 125, L. 1983; amd. Sec. 1, Ch. 410, L. 1987; amd. Sec. 272, Ch. 56, L. 2009; amd. Sec. 1, Ch. 118, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-107. Controversy appeal

20-3-107. Controversy appeal.
(1) The superintendent of public instruction shall decide matters of controversy when they are appealed from:
(a) a decision of a county superintendent rendered under the provisions of 20-3-210, except for a decision of a county superintendent or an arbitrator in a teacher termination case; or
(b) a decision of a county transportation committee rendered under the provisions of 20-10-132.
(2) The superintendent of public instruction shall make a decision on the basis of the transcript of the fact-finding hearing conducted by the county superintendent or county transportation committee and documents presented at the hearing. The superintendent of public instruction may require, if considered necessary, affidavits, verified statements, or sworn testimony as to the facts in issue. The decision of the superintendent of public instruction is final, subject to the proper legal remedies in the state courts. The proceedings must be commenced no later than 60 days after the date of the decision of the superintendent of public instruction.
(3) In order to establish a uniform method of hearing and determining matters of controversy arising under this title, the superintendent of public instruction shall prescribe and enforce rules of practice and regulations for the conduct of hearings and the determination of appeals by all school officials of the state.
(4) Whenever in a contested case the superintendent of public instruction is disqualified from rendering a final decision, the superintendent of public instruction shall appoint a hearings examiner as provided in 2-4-611 and the decision of the hearings examiner constitutes the superintendent's final order except as provided in this subsection. The final order is subject to all the provisions of Title 2, chapter 4, relating to final agency decisions or orders, including judicial review under Title 2, chapter 4, part 7.
History: En. 75-5709 by Sec. 18, Ch. 5, L. 1971; amd. Sec. 1, Ch. 300, L. 1974; R.C.M. 1947, 75-5709; amd. Sec. 2, Ch. 467, L. 1979; amd. Sec. 1, Ch. 438, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-108. Division of resources and assessment funds

20-3-108. Division of resources and assessment funds.
Funds derived from the sale of educational materials or services provided by the division of resources and assessment must be deposited in the state general fund.
History: En. Sec. 1, Ch. 436, L. 1979; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 66, Ch. 370, L. 1987; amd. Sec. 1, Ch. 470, L. 1987; amd. Sec. 29, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-109. Honorary high school diploma for certain veterans

20-3-109. Honorary high school diploma for certain veterans.
(1) The superintendent of public instruction may award an honorary high school diploma to a current or former Montana resident who:
(a) did not receive a high school diploma; and
(b) actively served in the United States armed services during World War II from 1939 through 1947, during the Korean war from 1950 through 1953, or during the Vietnam conflict from 1961 through 1975; and
(i) died in active service;
(ii) was honorably discharged; or
(iii) was released from active duty because of a service-related disability.
(2) (a) The superintendent shall identify acceptable documentation of eligibility and establish procedures for applying for an honorary diploma.
(b) The superintendent may accept an affidavit to support the award if acceptable documentation is not readily available from the military or other sources.
(3) An eligible person shall apply for the diploma on a form provided by the superintendent. If an eligible person is deceased or incapacitated, an immediate family member may apply on the person's behalf.
History: En. Sec. 1, Ch. 171, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 1. Superintendent of Public Instruction › 20-3-110. State high school diploma -- duties of superintendent of public instruction -- rulemaking

20-3-110. State high school diploma -- duties of superintendent of public instruction -- rulemaking.
(1) The superintendent of public instruction shall develop a process through which a resident of the state who has exhausted, in the determination of the superintendent, the possibility of earning a diploma from a high school accredited by the board of public education can pursue a Montana proficiency-based diploma by demonstrating:
(a) proficiency of the content standards adopted by the board of public education through alternative means; and
(b) perseverance and dedication in accomplishing a rigorous, long-term goal requiring maturity and the application of knowledge to real-world situations.
(2) When an individual demonstrates proficiency, perseverance, and dedication as determined by the superintendent of public instruction under subsection (1), the superintendent may issue to the individual a Montana proficiency-based diploma.
(3) An individual enrolled in a home school or nonpublic school is not eligible for a Montana proficiency-based diploma under this section.
(4) The superintendent of public instruction shall by rule prescribe the eligibility and qualifications for pursuing a Montana proficiency-based diploma under this section.
History: En. Sec. 1, Ch. 223, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-201. Election and qualifications -- part-time office allowed

20-3-201. Election and qualifications -- part-time office allowed.
(1) A county superintendent must be elected in each county of the state unless a county manager form of government has been organized in the county. The county superintendent must be elected at the general election preceding the expiration of the term of office of the incumbent.
(2) Upon verification by the county clerk and recorder, a person is qualified to file for and assume the office of county superintendent who:
(a) is a qualified elector;
(b) holds a valid, current class 1 professional certificate, class 2 standard certificate, or class 3 administrative and supervisory certificate issued by the superintendent of public instruction; and
(c) has at least 3 years of successful teaching experience.
(3) (a) When the office of county superintendent of schools is consolidated with another county office within the county, the officeholder must have the qualifications listed in subsection (2) or shall, with the approval of the governing body, contract for the full performance of the duties required of a county superintendent in 20-3-207 and 20-3-210 with:
(i) another county superintendent, with the approval of the governing body of that county;
(ii) a former county superintendent; or
(iii) a person who:
(A) is a qualified elector;
(B) holds a valid administrative certificate as provided in 20-4-106(1)(c);
(C) takes the oath of office in 20-1-202;
(D) is bonded in the manner provided for county officers in Title 2, chapter 9, part 7; and
(E) attends instructional training in the duties of a county superintendent as offered by the superintendent of public instruction.
(b) Whenever a governing body contracts with a person for performance of the duties required of a county superintendent under the provisions of subsection (3)(a)(iii), the contract must be for at least the duration of 1 school fiscal year.
(c) The superintendent of public instruction shall prescribe a contract form to be used.
(4) The board of county commissioners may establish the office of county superintendent as a part-time office under the provisions of 20-3-213, and adjust the salary established in 7-4-2503 to make it commensurate with the reduction in hours. A part-time county superintendent shall perform all duties of that office that are required by law.
History: En. 75-5802 by Sec. 20, Ch. 5, L. 1971; amd. Sec. 29, Ch. 100, L. 1973; R.C.M. 1947, 75-5802; amd. Sec. 1, Ch. 355, L. 1979; amd. Sec. 1, Ch. 550, L. 1985; amd. Sec. 1, Ch. 76, L. 1991; amd. Sec. 1, Ch. 146, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-202. Term, oath, and vacancy

20-3-202. Term, oath, and vacancy.
(1) The county superintendent shall hold office for a term of 4 years. The county superintendent shall:
(a) take the oath of office on or before the last business day of December following the superintendent's election;
(b) assume office at 12:01 a.m. on January 1 following the superintendent's election; and
(c) hold the office until a successor has been elected and qualified.
(2) Any person elected as the county superintendent shall give an official bond, as required by law.
(3) If the office of county superintendent becomes vacant, the board of county commissioners shall appoint a replacement to fill the vacancy. The replacement shall serve until the next general election, when a person must be elected to serve the remainder of the initial term, if there is any remaining term.
History: En. 75-5803 by Sec. 21, Ch. 5, L. 1971; R.C.M. 1947, 75-5803; amd. Sec. 273, Ch. 56, L. 2009; amd. Sec. 199, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-203. Office costs and staff

20-3-203. Office costs and staff.
(1) The board of county commissioners shall supply the county superintendent with suitable office space and office supplies. The county superintendent must be paid from the county general fund all necessary traveling expenses actually incurred in discharging duties, after the expenses have been audited by the board of county commissioners.
(2) Upon the county superintendent's recommendation of a candidate, the board of county commissioners may appoint the candidate to the position of chief deputy county superintendent. The commissioners also may appoint deputies and assistants for the county superintendent. The commissioners shall fix the salaries of the personnel prescribed by this section at 90% or less of the salary of the county superintendent.
History: En. 75-5804 by Sec. 22, Ch. 5, L. 1971; R.C.M. 1947, 75-5804; amd. Sec. 274, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-204. Office hours

20-3-204. Office hours.
(1) Except for a part-time county superintendent provided for under 20-3-201(4), the county superintendent of schools shall, during the office hours determined by the governing body, keep the office of the county superintendent open each day when the county superintendent is not engaged in the supervision of schools, except legal holidays and Saturdays. However, when the county superintendent has a deputy or clerk, the office must be kept open during the hours determined by the governing body by resolution after a public hearing and consented to by the county superintendent, each day except legal holidays and Saturdays.
(2) This section does not apply to counties operating under the county manager plan.
History: En. Sec. 4323, Pol. C. 1895; re-en. Sec. 2968, Rev. C. 1907; re-en. Sec. 4736, R.C.M. 1921; Cal. Pol. C. Sec. 4116; re-en. Sec. 4736, R.C.M. 1935; amd. Sec. 1, Ch. 108, L. 1949; amd. Sec. 1, Ch. 199, L. 1957; R.C.M. 1947, 16-2414(part); amd. Sec. 2, Ch. 146, L. 1993; amd. Sec. 7, Ch. 216, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-206. Additional positions

20-3-206. Additional positions.
In the capacity as county superintendent, the county superintendent shall also serve as:
(1) the presiding officer of the county transportation committee, as prescribed by 20-10-131;
(2) an attendance officer for a district under the conditions prescribed by 20-5-104; and
(3) the clerk of a joint board of trustees under the conditions prescribed by 20-3-361.
History: En. 75-5806 by Sec. 24, Ch. 5, L. 1971; amd. Sec. 2, Ch. 277, L. 1977; R.C.M. 1947, 75-5806; amd. Sec. 5, Ch. 219, L. 1997; amd. Sec. 275, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-207. Assist trustees with school supervision

20-3-207. Assist trustees with school supervision.
The county superintendent shall assist the trustees of any district that does not employ a district superintendent or principal with the supervision of their schools by:
(1) visiting each school of the district at least once a school year while pupil instruction is being conducted to observe the instructional methods, ability of the teacher, progress and discipline of the pupils, and the general conditions of the school;
(2) special visits to the schools on request of the trustees;
(3) advising and directing teachers on instruction, pupil discipline, and other duties of the teacher;
(4) consulting with the trustees on all school matters that may be found during the observation of the school or may otherwise come to the attention of the county superintendent.
History: En. 75-5808 by Sec. 26, Ch. 5, L. 1971; R.C.M. 1947, 75-5808.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-208. Authority to request, accept, and disburse money

20-3-208. Authority to request, accept, and disburse money.
(1) A county superintendent may, with the advice and consent of the appropriate school boards, request and accept money made available from federal, state, or private sources for purposes of public education.
(2) Subject to applicable federal and state guidelines and, in the case of money received from private sources, subject to any guidelines fixed by the donor, a county superintendent may disburse money received under this section to one or more public elementary or high school districts according to their needs. The county superintendent shall supervise the use of the money with the approval of the appropriate school boards.
(3) The county superintendent may establish a fund, for which the county treasurer shall maintain a separate accounting, for the deposit of money received under this section.
History: En. 75-5808.1 by Sec. 1, Ch. 238, L. 1977; R.C.M. 1947, 75-5808.1; amd. Sec. 1, Ch. 182, L. 1979; amd. Sec. 276, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-209. Annual report

20-3-209. Annual report.
The county superintendent of each county shall submit an annual report to the superintendent of public instruction on or before September 15. The report must be completed on the forms supplied by the superintendent of public instruction and must include:
(1) the final budget information for each district of the county, as prescribed by 20-9-134(1);
(2) the revenue amounts used to establish the levy requirements for the county school fund supporting school district transportation schedules, as prescribed by 20-10-146, and for the county school funds supporting elementary and high school district retirement obligations, as prescribed by 20-9-501;
(3) the financial activities of each district of the county for the immediately preceding school fiscal year as provided by the trustees' annual report to the county superintendent under the provisions of 20-9-213(6); and
(4) any other information that may be requested by the superintendent of public instruction that is within the superintendent's authority prescribed by this title.
History: En. 75-5809 by Sec. 27, Ch. 5, L. 1971; R.C.M. 1947, 75-5809; amd. Sec. 2, Ch. 35, L. 1989; amd. Sec. 5, Ch. 22, L. 1997; amd. Sec. 2, Ch. 343, L. 1999; amd. Sec. 1, Ch. 276, L. 2003; amd. Sec. 4, Ch. 152, L. 2011.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-211. 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.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-212. The county superintendent to appoint another county superintendent

20-3-212. The county superintendent to appoint another county superintendent.
(1) When a county superintendent is disqualified pursuant to 20-3-211, that county superintendent must appoint another county superintendent to hear and decide the matter of controversy arising pursuant to 20-3-210.
(2) The county in which the controversy was initiated shall reimburse the county served by the county superintendent appointed pursuant to subsection (1) for actual costs of travel, room, and board as a result of the appointment. Such county superintendent is entitled to expenses as provided in 20-3-203(1).
History: En. Sec. 2, Ch. 489, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 2. County Superintendent of Schools › 20-3-213. Part-time office -- establishment -- restrictions

20-3-213. Part-time office -- establishment -- restrictions.
(1) A board of county commissioners that intends to establish the office of county superintendent of schools as a part-time office shall:
(a) pass a resolution stating the intent of the board to consider the action;
(b) set a date for a hearing on the issue and provide proper notice of the hearing;
(c) conduct a hearing and accept testimony from any registered elector of the county who presents evidence for or against the establishment of the part-time office; and
(d) within 5 days of the hearing, issue an order regarding the establishment of the part-time office.
(2) A board may not issue an order establishing the office of county superintendent as a part-time office less than 7 days before the date on which declarations for nominations may first be filed for the office.
(3) A board may not establish the office of county superintendent as a part-time office during a term of office for which a county superintendent has been elected as a full-time officeholder.
History: En. Sec. 3, Ch. 146, L. 1993.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-301. Election and term of office

20-3-301. Election and term of office.
(1) Every trustee position prescribed by this title is subject to election. Except as provided in 20-3-313, a school trustee election must be held annually on the regular school election day established in 20-20-105(1).
(2) The term of office for each position must be 3 years unless it is otherwise specifically prescribed by this title.
(3) The board of trustees must be composed of the number of trustee positions prescribed for a district by 20-3-341 and 20-3-351. When exercising the power and performing the duties of trustees, the members shall act collectively and only at a regular or a properly called special meeting.
(4) The number of trustee positions in a district must vary in accordance with 20-3-341 and 20-3-351 according to the type of district.
History: (1)En. 75-5906 by Sec. 35, Ch. 5, L. 1971; amd. Sec. 1, Ch. 122, L. 1975; Sec. 75-5906, R.C.M. 1947; (2)En. 75-5901 by Sec. 30, Ch. 5, L. 1971; Sec. 75-5901, R.C.M. 1947; (3)En. 75-5902 by Sec. 31, Ch. 5, L. 1971; amd. Sec. 1, Ch. 103, L. 1975; Sec. 75-5902, R.C.M. 1947; R.C.M. 1947, 75-5901(part), 75-5902(part), 75-5906; amd. Sec. 200, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-302. Legislative intent to elect less than majority of trustees

20-3-302. Legislative intent to elect less than majority of trustees.
(1) It is the intention of the legislature that the terms of a majority of the trustee positions of any district with elected trustees may not regularly expire and be subject to election on the same regular school election day. In elementary districts, there may not be more than three trustee positions in first-class districts, two trustee positions in second-class districts or third-class districts having five trustee positions, or one trustee position in third-class districts having three trustee positions regularly subject to election at the same time. In high school districts there may not be more than two additional trustee positions in first- or second-class districts or more than one in third-class districts regularly subject to election at the same time. In county high school districts, there may not be more than two trustee positions to be filled by members residing in the elementary district where the county high school building is located or more than one trustee position to be filled by members residing outside of the elementary district where the county high school building is located subject to election at the same time.
(2) In the following circumstances relating to newly created trustee positions, the initial terms may be shortened to comply with the intent of subsection (1):
(a) the consolidation under the provisions of 20-6-423 of two or more elementary districts to form an elementary district, of two or more high school districts to form a high school district, or of two or more K-12 districts to form a K-12 district;
(b) the establishment of additional trustee positions of a high school district under the provisions of 20-3-353 or 20-3-354 or new trustee positions under the provisions of 20-3-352(3);
(c) the change of a district's classification under the provisions of 20-6-201 or 20-6-301;
(d) the establishment of additional elementary trustee positions under the provisions of 20-3-341(3); or
(e) the establishment of additional high school trustee positions under the provisions of 20-6-313.
(3) If the change of a district's classification under 20-6-201 or 20-6-301 decreases the number of trustee positions, the positions must be eliminated in a manner that complies with the intent of subsection (1).
(4) Although the legislature intends that the terms of a majority of trustees of any district may not regularly expire and be subject to election at the same time, it is recognized that filling a vacancy under 20-3-308 may lead to a subsequent school election in which a majority of trustee positions are subject to election at the same time.
History: En. 75-5907 by Sec. 36, Ch. 5, L. 1971; amd. Sec. 2, Ch. 103, L. 1975; amd. Sec. 2, Ch. 122, L. 1975; R.C.M. 1947, 75-5907; amd. Sec. 2, Ch. 528, L. 1991; amd. Sec. 1, Ch. 137, L. 1993; amd. Sec. 6, Ch. 219, L. 1997; amd. Sec. 6, Ch. 510, L. 2005.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-303. Term of vacated trustee position after election

20-3-303. Term of vacated trustee position after election.
Whenever a trustee position is subject to election because a vacancy of such position has occurred since the last regular school election day, the term of the trustee position shall not change and the member elected to fill such position shall serve the remainder of the unexpired term.
History: En. 75-5911 by Sec. 40, Ch. 5, L. 1971; R.C.M. 1947, 75-5911.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-304. Repealed

20-3-304. Repealed.
Sec. 262, Ch. 49, L. 2015.
History: En. 75-5912 by Sec. 41, Ch. 5, L. 1971; amd. Sec. 2, Ch. 109, L. 1974; R.C.M. 1947, 75-5912; amd. Sec. 353, Ch. 571, L. 1979; amd. Sec. 2, Ch. 514, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-305. Candidate qualification, filing deadline, and withdrawal

20-3-305. Candidate qualification, filing deadline, and withdrawal.
(1) Except as provided in 20-3-338, any person who is qualified to vote in a district under the provisions of 20-20-301 is eligible for the office of trustee.
(2) (a) Except as provided in subsection (2)(b), a declaration of intent to be a candidate must be submitted to the clerk of the district at least 40 days before the regular school election day at which the person is to be a candidate. If there are different terms to be filled, the term for the position for which the candidate is filing must also be indicated.
(b) A person seeking to become a write-in candidate for a trustee position shall file a declaration of intent no later than 5 p.m. on the day before the ballot certification deadline in 20-20-401.
(3) (a) A candidate intending to withdraw from the election shall send a statement of withdrawal to the clerk of the district. The statement must contain all information necessary to identify the candidate and the office for which the candidate filed. The statement of withdrawal must be acknowledged by the clerk of the district.
(b) A candidate may not withdraw after 5 p.m. the day before the ballot certification deadline in 20-20-401.
History: En. 75-5913 by Sec. 42, Ch. 5, L. 1971; R.C.M. 1947, 75-5913; amd. Sec. 1, Ch. 372, L. 1987; amd. Sec. 4, Ch. 539, L. 1987; amd. Sec. 3, Ch. 514, L. 1999; amd. Sec. 1, Ch. 271, L. 2011; amd. Sec. 201, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-306. Conduct of election

20-3-306. Conduct of election.
(1) The trustees of each district shall call a trustee election on the regular school election day of each school fiscal year under the provisions of 20-20-201, except as provided in 20-3-313. The trustees shall call and conduct the trustee election in the manner prescribed in this title for school elections and Title 13. Any elector qualified to vote under the provisions of 20-20-301 may vote at a trustee election.
(2) The trustee election ballots must be substantially in the following form:
OFFICIAL BALLOTSCHOOL TRUSTEE ELECTION
INSTRUCTIONS TO VOTERS: Make an X or similar mark in the vacant square before the name of the candidate for whom you wish to vote.
Vote for (indicate number to be elected) for a 3-year term:
☐ (List the names of the candidates for a 3-year term with a vacant square in front of each name.)
Vote for (indicate number to be elected) for a 2-year term:
☐ (List the names of the candidates for a 2-year term with a vacant square in front of each name.)
Vote for (indicate number to be elected) for a 1-year term:
☐ (List the names of the candidates for a 1-year term with a vacant square in front of each name.)
History: En. 75-5915 by Sec. 44, Ch. 5, L. 1971; amd. Sec. 2, Ch. 165, L. 1973; amd. Sec. 2, Ch. 259, L. 1973; R.C.M. 1947, 75-5915; amd. Sec. 352, Ch. 571, L. 1979; amd. Sec. 2, Ch. 132, L. 1999; amd. Sec. 202, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-307. Qualification and oath

20-3-307. Qualification and oath.
(1) A person who receives a certificate of election as a trustee under the provisions of 20-3-313 or 20-20-416 may not assume the trustee position until the person has qualified. The person shall qualify by taking an oath of office administered by the county superintendent, the superintendent's designee, or any official provided for in 1-6-101 or 2-16-116. The oath must be filed with the county superintendent not more than 15 days after the receipt of the certificate of election. After a person has qualified for a trustee position, the person holds the position until a successor has been elected or appointed and has been qualified.
(2) If the elected person does not qualify in accordance with this requirement, a person must be appointed in the manner provided by 20-3-309 and shall serve until the next regular school election.
History: En. 75-5916 by Sec. 45, Ch. 5, L. 1971; amd. Sec. 1, Ch. 91, L. 1973; R.C.M. 1947, 75-5916; amd. Sec. 3, Ch. 132, L. 1999; amd. Sec. 2, Ch. 271, L. 2011; amd. Sec. 203, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-308. Vacancy of trustee position

20-3-308. Vacancy of trustee position.
(1) An elected trustee position is vacant whenever the incumbent:
(a) dies;
(b) resigns;
(c) moves the trustee's residence from the applicable district or from the nominating district in the case of an additional trustee in a high school district;
(d) is no longer a registered elector of the district under the provisions of 20-20-301;
(e) is absent from the district for 60 consecutive days;
(f) fails to attend three consecutive meetings of the trustees without a good excuse;
(g) has been removed under the provisions of 20-3-310; or
(h) ceases to have the capacity to hold office under any other provision of law.
(2) A trustee position is also vacant when an elected candidate fails to qualify under the provisions of 20-3-307.
History: En. 75-5917 by Sec. 46, Ch. 5, L. 1971; R.C.M. 1947, 75-5917; amd. Sec. 278, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-309. Filling vacated trustee position -- appointee qualification and term of office

20-3-309. Filling vacated trustee position -- appointee qualification and term of office.
(1) Whenever a trustee position becomes vacant in any district, the remaining members of the trustees shall declare the position vacant and they shall appoint, in writing within 60 days, a competent person as a successor. The trustees shall notify the appointee and the county superintendent of the appointment. If the trustees do not make the appointment within the 60-day period, the county superintendent shall appoint, in writing, a competent person as a successor and notify the person of the appointment.
(2) A person who has been appointed to a trustee position shall qualify by completing and filing an oath of office with the county superintendent within 15 days after receiving notice of appointment. Failure to file the oath of office constitutes a continuation of the trustee position vacancy that must be filled under the provisions of this section.
(3) A person assuming a trustee position under the provisions of this section shall serve until the next regular school election and until a successor has qualified.
History: En. 75-5918 by Sec. 47, Ch. 5, L. 1971; amd. Sec. 3, Ch. 122, L. 1975; amd. Sec. 5, Ch. 266, L. 1977; R.C.M. 1947, 75-5918; amd. Sec. 2, Ch. 269, L. 1979; amd. Sec. 279, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-310. Trustee removal

20-3-310. Trustee removal.
Any trustee may be removed from the trustee position by a court of competent jurisdiction under the law providing for the removal of elected civil officials. When charges are brought against a trustee and good cause is shown, the board of county commissioners may suspend the trustee from the trustee position until the charges can be heard in the court of competent jurisdiction.
History: En. 75-5919 by Sec. 48, Ch. 5, L. 1971; R.C.M. 1947, 75-5919; amd. Sec. 280, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-311. Trustee travel reimbursement and compensation of secretary for joint board

20-3-311. Trustee travel reimbursement and compensation of secretary for joint board.
The members of the trustees of any district may not receive compensation for their services as trustees, except that the secretary of the trustees of a high school district operating a county high school or the secretary of a joint board of trustees may be compensated for services as the secretary. The members of the trustees who reside over 3 miles from the trustees' meeting place must be reimbursed at the rate as provided in 2-18-503 for every mile necessarily traveled between their residence and the meeting place and return in attending the regular and special meetings of the trustees, and all trustees must be similarly reimbursed for meetings called by the county superintendent. The travel reimbursement may be accumulated during the school fiscal year and paid at the end of the fiscal year, at the discretion of each trustee.
History: En. 75-5931 by Sec. 60, Ch. 5, L. 1971; amd. Sec. 1, Ch. 62, L. 1974; R.C.M. 1947, 75-5931; amd. Sec. 281, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-312. Trustees of district affected by boundary change

20-3-312. Trustees of district affected by boundary change.
The trustees of any district to which the territory of another district is attached as a result of annexation, abandonment, territory transfer, or any other method of changing district boundaries, except by the consolidation of districts, continue to be the trustees of the district with the same powers, duties, and responsibilities and subject to the same limitations provided by law as if there had been no boundary change. In the case of district consolidation, the appointed trustees of the resulting district shall assume their trustee positions under the authority of 20-6-423.
History: En. 75-6531 by Sec. 190, Ch. 5, L. 1971; R.C.M. 1947, 75-6531; amd. Sec. 7, Ch. 219, L. 1997; amd. Sec. 7, Ch. 510, L. 2005; amd. Sec. 1, Ch. 60, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-313. Election by acclamation -- notice

20-3-313. Election by acclamation -- notice.
(1) If the number of candidates filing for vacant positions or filing a declaration of intent to be a write-in candidate under 20-3-305(2)(b) is equal to or less than the number of positions to be elected, the trustees may cancel the election.
(2) If the election is canceled, the trustees shall give notice that a trustee election will not be held. Notice must be given no later than 30 days before the election.
(3) If a trustee election is not held, the trustees shall declare elected by acclamation the candidate who filed for the position or who filed a declaration of intent to be a write-in candidate and shall issue a certificate of election to the candidate.
(4) An election for a trustee in a single-member district as provided in 20-3-338 or in a trustee nominating district as provided in 20-3-353 is considered a separate trustee election for the purposes of declaring election by acclamation as provided in this section.
History: En. Sec. 1, Ch. 132, L. 1999; amd. Sec. 4, Ch. 15, L. 2001; amd. Sec. 1, Ch. 132, L. 2009; amd. Sec. 3, Ch. 271, L. 2011; amd. Sec. 204, Ch. 49, L. 2015; amd. Sec. 15, Ch. 242, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-314. School district trustee information

20-3-314. School district trustee information.
(1) The office of public instruction shall create a repository, accessible through its website, that makes the following information readily available for each school district of the state, which is updated within 14 days following the qualification and oathtaking under 20-3-307 of a newly elected trustee or for the filling of a vacancy on the board:
(a) a list of current trustees, including the terms the trustees are serving and, if applicable, the trustee district;
(b) contact information for current trustees;
(c) if the board of trustees maintains a website, a link to the website; and
(d) contact information for the school district clerk.
(2) The office of public instruction shall collaborate with school district clerks in developing the most efficient means to implement the requirements of this section.
History: En. Sec. 1, Ch. 276, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 3. Elected Officials › Part 3. School District Trustees › 20-3-321. Organization and officers

20-3-321. Organization and officers.
(1) The trustees of each district shall annually organize as a governing board of the district after the regular school election day and after the issuance of the election certificates to the newly elected trustees, but not later than 25 days after the election. In order to organize, the trustees of the district must be given notice of the time and place where the organization meeting will be held, and at the meeting they shall choose one of their number as the presiding officer. In addition, except for the trustees of a high school district operating a county high school, the trustees shall employ and appoint a competent person, who is not a member of the trustees, as the clerk of the district. The trustees of a high school district operating a county high school shall appoint a secretary, who must be a member of the board.
(2) The presiding officer of the trustees of any district shall serve until the next organization meeting and shall preside at all the meetings of the trustees in accordance with the customary rules of order. The presiding officer shall perform the duties prescribed by this title and any other duties that normally pertain to a presiding officer.
(3) The presiding officer of a board of trustees of an elementary district may be any trustee of the board, including an additional trustee as provided for in 20-3-352(2). If an additional trustee is chosen to serve as the presiding officer of the board of trustees of an elementary district described in 20-3-351(1)(a), the additional trustee may not vote on issues pertaining only to the elementary district.
History: En. 75-5927 by Sec. 56, Ch. 5, L. 1971; amd. Sec. 5, Ch. 122, L. 1975; R.C.M. 1947, 75-5927; amd. Sec. 4, Ch. 514, L. 1999; amd. Sec. 1, Ch. 14, L. 2011; amd. Sec. 4, Ch. 271, L. 2011; amd. Sec. 205, Ch. 49, L. 2015; amd. Sec. 1, Ch. 154, L. 2019.