Legal Opinion · Dissent

Scobey School District v. Radakovich

Montana Supreme Court

Decided April 25, 2006No. 04-675Published

1DissentJustice Nelson

¶45 It concerns me that, while well intended, our decision creates a loophole in the teacher tenure act that will, henceforth, enable school boards to terminate tenured teachers in favor of less qualified and lower paid non-tenured teachers under the guise of using RIFs coupled with multiple endorsement criterion.

¶46 It is undisputed that the Scobey School District (the District) did not eliminate its social studies program and, thus, Radakovich’s position. The social studies program continued on after Radakovich’s termination-it was just taught, along with other courses, by other teachers,…

2Cases cited6 opinions

  1. Yanzick v. SCHOOL DIST. NO. 23, ETC.Montana Supreme Court · 1982
  2. State Ex Rel. Saxtorph v. District Court, Fergus CountyMontana Supreme Court · 1954
  3. Massey v. ArgenbrightMontana Supreme Court · 1984
  4. Baldridge v. Board of Trustees, Rosebud County School District 19Montana Supreme Court · 1997
  5. Trustees, Missoula County School District No. 1 v. AndersonMontana Supreme Court · 1988

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