20-6-410. Tenure protected -- hiring preference for employees. (1) Whenever two or more school districts reorganize or join through annexation to form a single district in the manner provided for in Title 20, chapter 6, a principal, teacher, or other certified employee of the school districts who has a right of tenure under Montana law must be given absolute preference in hiring for the first school fiscal year for any vacant position with the reorganized or enlarged district for which the employee is qualified with the required certification endorsements. Upon acceptance of a position, the certified employee continues to have tenure in the reorganized or enlarged district and the board of trustees of the reorganized or enlarged school district in which the person will perform duties shall recognize and give effect to the right of tenure.

(2) A noncertified, nonprobationary employee of a school district that reorganizes or joins another district through annexation must be given preference in hiring for the first school fiscal year for any vacant position with the reorganized or enlarged district for which the employee has substantially equal qualifications and, upon acceptance of a position, may not be given probationary status.