Request Denied In Area School Land Transfer Case
The Powder River County Superintendent has ruled against petitioners’ request of having their property transferred from the Bainville School District to the Froid School District.
Molly Lloyd, who was acting as Roosevelt County superintendent of schools in the case, denied the request for transfer of territory by Josh and Jaclyn Davidson. Lloyd said, “I have determined that Josh Davidson failed to meet the requirement of MCA 20-6-105 (6)(c) (I,ii,iv,v) regarding economic viability as it would become a (i) significant burden on the taxpayers of the district from which the territory would be transferred from; (ii) State funding would be lost; (iv) the transferring district must maintain sufficient reserves; and (v) the cumulative effect of other transfers of territory out of or into the district from which the territory is to be transferred has been taken into consideration.”
Lloyd also determined that the district’s rate of discretional levies placed before the voters would be increased, the district’s reduction or elimination of instructional staff or programs would take place and an increase in district taxes would likely happen if the transfer is granted.
Lloyd ruled, “Therefore, it is not in the best interest of the children residing in the Bainville School District No. 64 territory because ‘wanting’ to be a Froid School Board Trustee does not serve as good cause for a territorial land transfer.”
According to Montana law, the decision of the county superintendent is final 30 days after the date of the decision unless it is appealed to the district court by a resident, taxpayer or representative of either district affected by the petitioned territory transfer. The county superintendent’s decision must be upheld unless the court finds that the county superintendent’s decision constituted an abuse of discretion.
During the hearing held on Friday, Jan. 16, Josh Davidson explained that his children attend school in Froid. He and his father also attended school in Froid. Josh Davidson said that he wants his tax money to benefit Froid’s school. The territory proposed to be transferred is Township 29 North, Range 57 East and consists of 1,123.30 total acres.
Froid Superintendent of Schools Steve Mayhue said the transfer would allow the Davidsons to be more active in the school, vote in school elections and possibly be a school board member.
Attorney Samantha Howard, representing Bainville Schools, said that she doesn’t feel that being a potential school board member is a sufficient reason for decreasing Bainville School’s budget by 4 percent.
Bainville Superintendent of Schools Darin Hannum reported that the school district losing that land could result in a potential loss of $125,000 to the school district. That includes a reduction in the oil and gas allowance because it’s based on the general fund.
