Mont. Code Ann. § 20-6-104
20-6-104 Moratorium on creation of new district -- exceptions
20-6-104 . Moratorium on creation of new district -- exceptions. (1) Except as provided in subsections (2) and (3), a school district may not initiate the creation of a new elementary district or a new high school district.
(2) Pursuant to the provisions of 20-6-326 , the trustees or the electors of an existing elementary district may initiate the creation of a new high school district solely for the purpose of expanding into a K-12 district.
(3) The moratorium in subsection (1) does not apply to a district that results from the procedure for the dissolution of a K-12 school district pursuant to 20-6-704 .