In Re the Transfer Territory From Vaughn Elementary School District No. 74

¶18 I respectfully dissent from the Court’s opinion. I cannot agree with the Court that the Attendance Center was a “school” within the meaning of § 20-6-105(1)(a)(iii), MCA. Pursuant to § 20-6-501, MCA, before a learning facility may be classified as a “school” it must be “established ... under the laws of the state of Montana at public expense.” Once established in accordance with State law, a learning facility is entitled to all the benefits and protections of a school under Montana law, including the availability of funding, accreditation, and protection against land transfers within the…