Trustees, Carbon County School District No. 28 v. Spivey

The District Court of the Thirteenth Judicial District, Carbon County, granted respondents’ motion to dismiss pursuant to the running of a thirty-day period to file a petition for judicial review. This appeal followed. We reverse and remand.

The sole issue on review is whether the sixty-day statute of limitations contained in § 20-3-107(2), MCA, or the thirty-day statute of limitations contained in § 2-4-702(2)(a), MCA, applies to the filing of a petition for judicial review of a decision by the Superintendent of Public Instruction which terminates the employment of a tenured teacher.

Respondent…