20-6-621. Selection of school sites — approval election. (1) (a) Except as provided in subsection (1)(b), the trustees of a district may select the sites for school buildings or for other school purposes, but the selection must first be approved by the qualified electors of the district before a contract for the purchase of a site is entered into by the trustees.

Terms Used In Montana Code 20-6-621

  • Contract: A legal written agreement that becomes binding when signed.
  • district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
  • Property: means real and personal property. See Montana Code 1-1-205
  • school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
  • Trustees: means the governing board of a district. See Montana Code 20-1-101

(b)The trustees may purchase or otherwise acquire property contiguous to an existing site that is in use for school purposes without a site approval election. The trustees may take an option on a site prior to the site approval election.

(2)The election for the approval of a site must be called under the provisions of 20-20-201 and must be conducted in the manner prescribed by this title for school elections. An elector who may vote at a school site election is qualified to vote under the provisions of 20-20-301. If a majority of those voting at the election approve the site selection, the trustees may purchase the site. A site approval election is not required when the site was specifically identified in an election at which a building reserve levy or the issuance of bonds was approved for the purchase of the site.

(3)Any site for a school building or other building of the district that is selected or purchased by the trustees must:

(a)be in a place that is convenient, accessible, and suitable;

(b)comply with the minimum size and other requirements prescribed by the department of public health and human services; and

(c)comply with the statewide building regulations, if any, promulgated by the department of labor and industry.