Montana Attorney General Opinion 15-86

Opinion No. 86 Schools-Teachers-Contra.cts- School Boanls. HEJJD: Since the legislature has seen fit to indicate with particularity the manner and extent of entering into contracts hetween teachers and school I·oanls. it must be held to exclude any other method. Fehruary 22. 1933. You have submitted to this offiee the contracts of thrce teachers of the Hingha m School District. These con- tracts are gh'en for two ~'ears as nn inducement to accept a cut in salary. The teachers have all taught in the dis- trict for more than five years. It is agreed that the validity of these con- tracts shall he determined hy the At- torne~' General. The onl~' question in- \'oh'ed is whether the trustees ha ve pO\ver to enter into a contract with teachers for more than one year. 'Where there is no limit placed upon the exerci'se of the power conferred upon school boards to contract with and employ teachers, a contract by such board employing a teacher for a term to commence or continue after the ex- pira tion of the term of sueh trustee or board, is va lid and binding upon the hoard where it is not for an unuual time. (29 R. R. A. (X. S.) 652; 24 R. C. L. 579). As our statutes provide a method for emllloying teachers and fixes their ten- ure of office, it is necesSHr~' to inquire whether this is intended h~' the le/-,risla- ture as an exclusive method so as to consUtute It limitation on the powers of a school board in entering into con- tracts with teachers. The statute pro- vides a very definite method of pro- cedure in employing teachers, as well as providing the term of employment. Section 1015. subdivision 2, pro\-ides that no teachers shaH be employed ex- cept under resolution agrecd to by a majority of the board. All contracts authorized by proper resolution shall be in writing and executed in duplicate hy vhe chairman and the clerk of the board and by the teacher. Where the statute prescribes a defin- ite method of entering into a contract, it must be complied with or there is no contract. Rection 1075, R. C. 1\1. 1fl21, as amended h~' Chap. 87. Laws of 1fl27. provides: "After the election of an~' teacher or principal for the third consecutiw veal' • .. * such teaeher or prin- ~ipal so elected shall he d!'Cmed re- elected from year to yt'ar thereafter at the saUle salan', u;ll('~~ the hoan] of trustees shall, hy majOlit~- yote of its mem h('l's on or hefore the fi rst da y of )la,\". gh-e notice in writing to Faid tea cher or princi pa I tha t he has been I'p-electe!l or that his sen-ices will not be required for the ensuing yrar: • * *" It then provides that "nothing in this act shall he cOllstrued to prevent re-election of such teacher or princirml hy such board at an earlier date." The piJrpose of this section is to first re- quire a probationary period of three veal'S of service from any new and un- tried teacher before the imtomatic pro- Yisiolls of the act begin to operate so a s thereafter to continue her in her position from year to year unless af- firmati\'e action is taken by a majority of the hoard before a definite date notif);ng her of the termination of her contraot. Eyery contract entered into with a teacher "no the board is limited h~- these statut~)l'Y provisions. The a utomatic re-emplo~-ment prm;sion is for the benefit of the teacher and the majority vote of the hOHrd required before she can be discharged prevents the teacher from being made a victim of the annual election of trustees. On the other hand, one board of trustees may not take it out of the hands of a majority of a future board to terminate a contract by entering into long term contracts with a teacher who might be a particulHr fayorite of the existing hoard. By fixing the time limit for giving the notice (May 1) the teacher has an opportunity to apply in another district for a school before the begin- ning of the school year. The provision tila t "nothing in this act shall he con- strued to prevent re-election of such teacher or principal at an earlier date" is, in my ·judgment, limited to an earli- er dwte in that school year and to em- ployment for the succeeding school year. OPIXIOXS OF THB ATTORKEY GEXE'RAL 71 Since the legislature has seen fit to indicate with pal·ticularit~· the manner and extent of entering into contracts with teachers by school boards. it mu~t he held to exclude any other method. Franzke v. Fergus County, 76 ~Iont. 150; 245 Pae. H62. 'l'he contract being in violation of the foregoing provision of the statut~ find of the legislati"e purpose and llltent of limiting contracts with teachers to one ~'ear, it is my opinion that it is not a ya lid con tract.