Require school district personnel to inform board of trustees of reductions in force

- 2025
69th Legislature 2025 HB 602
- 1 - Authorized Print Version – HB 602
ENROLLED BILL
AN ACT REQUIRING WRITTEN NOTICE TO THE SCHOOL DISTRICT BOARD OF TRUSTEES WHEN A
DISTRICT ADMINISTRATOR PROPOSES TO NONRENEW A NONTENURE TEACHER FOR FINANCIAL
REASONS; REQUIRING THE BOARD OF TRUSTEES TO PLACE THE NOTICE OF THE PROPOSAL TO
NONRENEW ON THE AGENDA FOR A PUBLIC SCHOOL BOARD MEETING AND TO PROVIDE AN
OPPORTUNITY FOR PUBLIC COMMENT; CLARIFYING THAT FINANCIAL REASONS ARE WITHOUT
CAUSE; AMENDING SECTION 20-4-206, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Notice of nonrenewal of nontenure teacher for financial reasons -- notice and
opportunity for comment required. (1) When a district administrator proposes to nonrenew a nontenure
teacher for financial reasons, the trustees shall include the proposed nonrenewal for financial reasons on the
agenda of a meeting on or before June 1.
(2) A proposed nonrenewal of a nontenure teacher under subsection (1) is an action of significant
interest to the public within the meaning of 2-3-103.
(3) A nonrenewal of a nontenure teacher for financial reasons is a nonrenewal without cause as
provided in 20-4-206.
(4) The provisions of this section do not override provisions 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.
Section 2. Section 20-4-206, MCA, is amended to read:
"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
- 2025
69th Legislature 2025 HB 602
- 2 - Authorized Print Version – HB 602
ENROLLED BILL
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 [section 1] and this section, "without cause" includes financial reasons."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
20, chapter 4, part 2, and the provisions of Title 20, chapter 4, part 2, apply to [section 1].
Section 4. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
HB 602, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 602
INTRODUCED BY G. OVERSTREET
AN ACT REQUIRING WRITTEN NOTICE TO THE SCHOOL DISTRICT BOARD OF TRUSTEES WHEN A
DISTRICT ADMINISTRATOR PROPOSES TO NONRENEW A NONTENURE TEACHER FOR FINANCIAL
REASONS; REQUIRING THE BOARD OF TRUSTEES TO PLACE THE NOTICE OF THE PROPOSAL TO
NONRENEW ON THE AGENDA FOR A PUBLIC SCHOOL BOARD MEETING AND TO PROVIDE AN
OPPORTUNITY FOR PUBLIC COMMENT; CLARIFYING THAT FINANCIAL REASONS ARE WITHOUT
CAUSE; AMENDING SECTION 20-4-206, MCA; AND PROVIDING AN EFFECTIVE DATE.