COUNTY ATTORNEY OFFICIAL OPINION #95-4

DATED: JANUARY 23, 1994

ISSUE PRESENTED:

Does Subsection 20-6-308, MCA, state the only procedure that can be followed to create a joint high school district?

BRIEF ANSWER:

No. A joint district is a school district with territory in more than one county. There are a number of statutory methods for changing school district boundaries or creating new school districts. If a district comes into existence by an accepted statutory method, and that district has territory in more than one county, it is a joint district.

DISCUSSION:

A court interpreting statutes found in Title 20 would not apply one statute in isolation and ignore all other statutes.

This Court has often said in construing legislative intent statutes must be read and considered in their entirety and legislative intent may not be gained from the wording of any particular section or sentence, but only from a consideration of the whole, (cities omitted).

Vita-Rich Dairy, Inc. v. Dept of Bus. Reg. 170 Mont. 341, 348, 553 p. 2d 980 (1976).

Title 20 provides several methods for creating new school districts or changing school district boundaries. Sections 20-6-307 and 308 MCA, state a method for creating joint districts but they cannot be interpreted to make other statues meaningless. Courts presume that the Legislature does not pass useless or meaningless legislation. State ex rel. City of Townsend v. D.A. Davidson, Inc., 166 Mont 144, 531 P. 2d 370 (1975). Further, Subsection 1-2-101, MCA, states: "Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all."

For example, Subsection 20-6-325, MCA, provides a method for creating a new school district. If a new district created under that statute includes territory from more than one county, it is a joint district. All the procedures applicable to a joint district would apply to the new district.

DATED this ______ day of January, 1995.

___________________________

Lee R. Kerr

Rosebud County Attorney