Weber

MEMORANDUM ***

Mark Weber (Weber) appeals the district court’s summary judgment in favor of the defendants. We reverse and remand.

Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

Under Montana law, “[a]ny teacher who receives notification of reelection for the ensuing school fiscal year shall provide the trustees with written' acceptance of the conditions of the reelection within 20 days after the receipt of the notice of reelection, and failure to notify the trustees within 20 days constitutes conclusive evidence of the teacher’s nonacceptance of the tendered position.” Mont.Code Ann. § 20-4-205(2). On April 27, 2005, the Board of Trustees informed Weber in writing that his position was renewed for the 2005-2006 school *6 year. On May 5, Weber accepted his position, and at that point, retained his position for the 2005-2006 school year.

In its April 27 letter, the Board of Trustees also informed Weber that a contract specifying his salary would be given to him once the Twin Bridges School District and the Twin Bridges Federation of Teachers completed them negotiations. On July…