Legal Opinion · Dissent

Small v. Board of Trustees

Montana Supreme Court

Decided August 31, 2001No. 00-526Published

1DissentJustice Leaphart

¶26 I dissent.

¶27 In construing the teacher tenure statute, the majority purports to be mindful of the rules of statutory construction. The Court's interpretation, however, ignores two basic rules of construction.

¶28 The statute in question provides:

20-4-203. Teacher tenure. (1) Except as provided in 20-4-208, whenever a teacher has been elected by the offer and acceptance of a contract for the fourth consecutive year of employment by a *205district in a position requiring teacher certification except as a district superintendent or specialist, the teacher is considered to be reelected from year…

2Cases cited3 opinions

  1. Montco v. SimonichMontana Supreme Court · 1997
  2. State v. BergerMontana Supreme Court · 1993
  3. Dussault v. HjelmMontana Supreme Court · 1981

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