IN INTEREST OF RM

• Decision Date: 10 December 2004
• Citation: 2004 WY 162,102 P.3d 868
• Parties: IN THE INTEREST OF RM, a minor. IN THE INTEREST OF BC, a minor. RM and BC, Appellants (Respondents), v. WASHAKIE COUNTY SCHOOL DISTRICT NUMBER ONE; and WYOMING SCHOOL BOARDS ASSOCIATION, Appellees (Intervenors).
• Court: Wyoming Supreme Court

2004 WY 162

102 P.3d 868

IN THE INTEREST OF RM, a minor.

IN THE INTEREST OF BC, a minor.

RM and BC, Appellants (Respondents), v. WASHAKIE COUNTY SCHOOL DISTRICT NUMBER ONE; and WYOMING SCHOOL BOARDS ASSOCIATION, Appellees (Intervenors).

No. C-03-2

Supreme Court of Wyoming. OCTOBER TERM, A.D. 2004.

December 10, 2004¹

Representing Appellants: John P. Worrall and Kyle R. Smith of Worrall & Greear, PC, Worland, WY; John M. Burman, Faculty Supervisor, and Nick Beduhn and Meredith Asay, Student Interns, of the University of Wyoming Legal Services Program, Laramie, WY. Argument by Mr. Smith and Ms. Asay.

Representing Appellees: Tracy J. Copenhaver and Scott E. Kolpitcke of Copenhaver, Kath, Kitchen & Kolpitcke, LLC, Powell, WY. Argument by Mr. Kolpitcke.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

LEHMAN, Justice.

[¶1] This case comes to this court as a reserved constitutional question pursuant to Wyo. Stat. Ann. § 1-13-101 (LexisNexis 2003). Washakie County School District Number One (the School District) expelled two students for a period of one year. These two students were also subject to actions under the Juvenile Justice Act, and both were adjudged delinquent. During the juvenile proceedings, the court ordered the School District to provide both students with a free and appropriate education during the period of expulsion. The School District and the Wyoming School Boards Association (WSBA) intervened and made a motion for an order reserving a constitutional question. Thus, we are asked to consider whether the provisions of the Wyoming constitution require a school district to provide an education to a student who has been lawfully expelled. We answer the reserved question in the negative.

RESERVED CONSTITUTIONAL QUESTION

[¶2] The parties each state the reserved question in a slightly different manner. The question as stated by the juvenile court is:

Do the provisions of Wyoming Constitution Article 1, Section 3, or the provisions of Wyoming Constitution Article 7, Section 9, require a public school district that has lawfully expelled a student for a period of one (1) year or less to continue to provide an educational program to a student adjudged to be a juvenile delinquent?

The basic argument presented by the parties in their briefs is whether an alternate education must be provided for lawfully expelled students under the Wyoming constitution. We determine that this is a proper characterization of the issue we must resolve.

FACTS

[¶3] RM and BC were caught selling marijuana to other students while on school grounds. After a hearing before the School District's board of trustees, the board unanimously elected to expel both students from school for a period of one year, finding that RM's and BC's acts were detrimental to the safety, education, and welfare of the other students in the district. The expulsions were not appealed, and there is no issue as to the propriety of the expulsions.

[¶4] Petitions were also filed in the juvenile court pursuant to the Juvenile Justice Act alleging both juveniles to be delinquent. In separate juvenile court proceedings, each juvenile admitted to the allegation that he was a delinquent child. In addition to the terms of probation for each child, the juvenile court ordered the School District to provide RM and BC with a free and appropriate education during the period of the student's expulsion. In doing so, the juvenile court specifically concluded that the School District had an obligation under the Wyoming constitution to provide such an education to these students.

[¶5] The School District also expelled a third student for selling marijuana on school grounds. This third student had been previously identified as a special education student and was receiving services pursuant to his individualized education plan (IEP). Pursuant to federal statute and Department of Education rules governing special education, this student continued to receive the educational services mandated by his IEP.

[¶6] After the juvenile court's entry of orders requiring the School District to provide a free and appropriate education to RM and BC, the School District and the WSBA were allowed to intervene in the juvenile court action. These parties requested that the juvenile court reserve the question of constitutional law to this court. For purposes of allowing this review to proceed, the School District agreed to waive any objection to lack of notice and opportunity to participate. The juvenile court agreed to reserve the constitutional question, and this court accepted the reserved question of constitutional law as presented above. The School District did not provide any educational services to either student during the terms of their respective expulsions.

STANDARD OF REVIEW

[¶7] The district court's interpretation of the requirements of the Wyoming constitution and the resulting constitutional question presents a question of law, which we review de novo. Eklund v. Farmers Ins. Exch., 2004 WY 24, ¶10, 86 P.3d 259, ¶10 (Wyo. 2004).

In construing our constitution, we follow essentially the same rules as those governing the construction of a statute. The fundamental purpose of those rules of construction is to ascertain the intent of the framers. Geringer v. Bebout, 10 P.3d 514, 521 (Wyo. 2000); Zancanelli v. Central Coal & Coke Co., 25 Wyo. 511, 173 P. 981, 991 (1918). "We are charged with discerning the intent of the Constitutional Convention, and we look first to the plain and unambiguous language to discern that intent." Geringer, 953 P.2d at 843.

Director of Office of State Lands & Invs. v. Merbanco, Inc., 2003 WY 73, ¶33, 70 P.3d 241, ¶33 (Wyo. 2003).

DISCUSSION

[¶8] Because this case comes before us after the expiration of the student's term of expulsion, it is appropriate that we first address the issue of mootness. While it is true that this question is technically moot because the expulsion period is over, there are exceptions to the mootness doctrine. One exception is if the case presents an issue of great public importance. See Walker v. Board of County Comm'rs, 644 P.2d 772, 774 (Wyo. 1982). The question of what constitutes great public importance rests with this court, and we find this case to present such an issue. Jolley v. State Loan & Inv. Bd., 2002 WY 7, ¶10, 38 P.3d 1073, ¶10 (Wyo. 2002). Specifically, the reserved question involves the recognized fundamental right to an education and an interpretation of the provisions of our constitution providing for that right. Although not all cases involving fundamental rights and constitutional interpretation present an issue of great public importance sufficient to overcome the mootness doctrine, this matter does so because it involves the significant issue of education in an area not previously considered by this court. As such, this action presents this court with the opportunity to consider the constitution in a manner not considered before and is of sufficient importance to warrant a full discussion.

[¶9] Another important exception, likewise applicable in this instance, is if the case presents a controversy capable of repetition yet evading review. See Board of County Comm'rs v. Exxon Mobil Corp., 2002 WY 151, ¶18, 55 P.3d 714, ¶18 (Wyo. 2002). Under Wyoming statute a school district can expel a student for a maximum period of one year. Wyo. Stat. Ann. § 21-4-305(d) (LexisNexis 2003).² Given the time it takes for a case to reach this court, it is unlikely that a one-year expulsion term will ever be intact when a case gets to the point of our review. As such, if mootness stands as a barrier to considering the question in this case, it likely always will. Accordingly, we find it appropriate to consider this issue at this time.

[¶10] We are also compelled to comment on the procedural oddities that attended this case. This case is presented and argued to this court as a reserved constitutional question pursuant to § 1-13-101 and W.R.C.P. 52(d). Section 1-13-101 reads:

When an important and difficult constitutional question arises in a proceeding pending before the district court on motion of either party or upon his own motion the judge of the district court may cause the question to be reserved and sent to the supreme court for its decision.

Rule 52(d) is a reduction to rule form of the applicable case law regarding proceedings pursuant to § 1-13-101. Rule 52(d) states:

(d) Reserved questions.—In all cases in which a court reserves an important and difficult constitutional question arising in an action or proceeding pending before it, the court, before sending the question to the supreme court for decision, shall (1) dispose of all necessary and controlling questions of fact and make special findings of fact thereon, and (2) state its conclusions of law on all points of common law and of construction, interpretation and meaning of statutes and of all instruments necessary for a complete decision of the case. No constitutional question shall be deemed to arise in an action unless, after all necessary special findings of fact and conclusions of law have been made by the court, a decision on the constitutional question is necessary to the rendition of final judgment. The question reserved shall be specific, and shall identify the constitutional provision to be interpreted. The special findings of fact and conclusions of law required by this subdivision of this rule shall be deemed to be a final order from which either party may appeal, and such appeal may be considered by the Supreme Court simultaneously with the reserved question.

In this instance, the School District and the WSBA were not parties to the juvenile court action. Consequently, they never presented evidence or participated in the proceedings before they intervened nor did they present evidence after they intervened. The district court, therefore, never had the opportunity to make findings of fact on any evidence that the School District...