Wyoming State Dept. of Educ. v. Barber

• Decision Date: 18 August 1982
• Docket Number: S,No. 5600,No. 25,25,5600
• Citation: 649 P.2d 681
• Parties: 5 Ed. Law Rep. 1272 The WYOMING STATE DEPARTMENT OF EDUCATION, Wyoming State Board of Education, and Lynn Simons, State Superintendent of Public Instruction, Appellants (Appellees-Respondents), v. Larry W. BARBER and Fremont County School Dist.tate of Wyoming, Appellees (Appellants-Petitioners).
• Court: Wyoming Supreme Court

Page 681

649 P.2d 681

5 Ed. Law Rep. 1272

The WYOMING STATE DEPARTMENT OF EDUCATION, Wyoming State Board of Education, and Lynn Simons, State Superintendent of Public Instruction, Appellants (Appellees-Respondents), v. Larry W. BARBER and Fremont County School Dist. No. 25, State of Wyoming, Appellees (Appellants-Petitioners).

No. 5600.

Supreme Court of Wyoming.

Aug. 18, 1982.

Steven F. Freudenthal, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., Edgar Young, Asst. Atty. Gen., Cheyenne, for appellants.

R. I. Leedy, Hettinger & Leedy, P. C., Riverton, for appellees.

Patrick E. Hacker, Graves, Hacker & Phelan, P. C., Cheyenne, for amicus curiae Wyoming Educ. Assn.

Before ROSE, C. J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

ROSE, Chief Justice.

The Wyoming State Department of Education, Wyoming State Board of Education (the Board), and the State Superintendent of Public Instruction are here appealing a district court reversal of a State Board of Education decision not to certify the appellee Larry Barber to act as a school superintendent within the state. These issues are raised for review:

1. Is the State Board of Education empowered by § 21-2-304(a)(iii) ¹ to administer the programs governing the issuance of certificates for school district superintendents in Wyoming?

2. Was the appellee denied due process of law by the Board's decision to deny him a certificate?

3. Is the decision of the Board supported by substantial evidence?

We will reverse, holding that the State Board of Education acted within the scope of its powers in denying appellee Barber's application for a certificate, the decision is supported by substantial evidence and appellee was not denied due process of law.

FACTS

The present dispute originated with Fremont County School District Number 25 soliciting inquiry from applicants for the position of superintendent of schools. Pursuant to that search appellee Larry Barber was chosen as the top candidate, and, in accordance with an agreement reached by the parties, Barber, in May of 1980, applied ² to the State Department of Education for a superintendent's certificate.

On June 2, 1980 the Director of the Accreditation Services Unit of the Department of Education denied Barber's request for a school superintendent's certificate. On June 11, 1980 the School District requested that the State Board of Education grant Dr. Barber an exception from various of the certification requirements. On June 19, 1980, the State Board of Education met through the medium of a conference call, the result of which was a decision to deny the request for an exception from the certification requirements.

On July 14, 1980, Mr. Barber requested that he be afforded a hearing pursuant to the State Board of Education's Rules of Practice and Procedure. Acting upon this request, the Board on July 20, 1980 agreed that appellee was entitled to a hearing and appointed a law professor from the University of Wyoming to act as a hearing officer. The School District was also permitted to join in the request for a hearing.

The hearing was held January 5 through 7, 1981 with the hearing officer presiding. Based upon the evidence submitted, the hearing officer filed his proposed findings and conclusions with the State Board of Education on April 7, 1981, in which he Dr. Barber and the School District then appealed the Board's final decision to the district court pursuant to provisions of the Wyoming Administrative Procedure Act (§§ 9-4-101 through 9-4-115). The appeal culminated in a district court order reversing the State Board of Education's decision not to certify the appellee. Further facts and relevant portions of the court's order will be discussed in conjunction with our resolution of the issues.

recommended that the decision to deny Barber a certificate be affirmed both with respect to the original denial and the refusal to grant an exception. This recommendation was adopted by the Board on April 25, 1981.

IS THE STATE BOARD OF EDUCATION THE CERTIFYING AGENCY EMPOWERED TO ACT IN THIS CASE?

The first issue for our consideration questions the power of the State Board of Education to deny appellee a certificate to act as a school superintendent in Wyoming. The question is structured by reason of the district judge's decision that the legislature had lodged the final authority to decide certification disputes within the discretion of the State Superintendent of Public Instruction rather than the State Board of Education. Up to the time that the district court entered its decision, none of the parties had challenged the power or propriety of the Board to settle the dispute. Even so, we consider a resolution of the question raised by the district judge to be of utmost importance because of the impact that such a holding would have upon the administration of the Wyoming public school system.

The State Board of Education is a body composed of nine members appointed by the governor to serve six-year terms with the approval of the Wyoming Senate. Section 21-2-301, W.S.1977. Of the various duties delegated by the legislature to the Board in § 21-2-304, W.S.1977, one of the most important is outlined in subsection (a)(iii). That portion of the statute declares that the State Board of Education shall administer the laws "governing the certification of school administrators, teachers and other personnel" by prescribing appropriate rules and regulations. Section 21-2-304(a)(iii), supra n.1. The statute also includes "minimum" qualification requirements for guiding the Board's delegated rule-making and administrative function. Among the "minimum" qualifications of which the statute speaks is the provision that the Board's rules and regulations regarding professional educational certificates for school administrators must require a degree from an accredited college or university, appropriate experience as a teacher, training in educational administration, and such additional professional training and education as the Board may designate. Section 21-2-304(a)(iii)(A) and (B), supra n.1. Finally, the legislature has provided that the Board "may in its discretion" grant exceptions from the qualification requirements in those special circumstances which the Board deems appropriate. Section 21-2-304(a)(iii)(C) supra n.1.

We must therefore determine whether the above-referenced statutory provision contemplates a legislative intent to delegate to the Board of Education the power to enact and enforce rules and regulations governing the certification of professional educators within the state of Wyoming.

In coming to a decision with respect to this question, we are mindful of the applicable rules of statutory construction. First off, it is a well-established principle that in construing a legislative enactment we must, if possible, ascertain the intent of the legislature from the wording of the statute. We are not, however, permitted to assign meaning to a statute which would have the effect of nullifying its operation. In the Matter of the Injury to Hasser, Wyo., 647 P.2d 66 (1982); McGuire v. McGuire, Wyo., 608 P.2d 1278, 1285 (1980). Also, words utilized in the statute are to be given their plain and ordinary meaning unless otherwise indicated. Board of County Commissioners of the County of Campbell v. Ridenour, Wyo., 623 P.2d 1174, 1184 (1981); Jahn v. Burns, Wyo., 593 P.2d 828, 830 (1979). Similarly, it is well settled that With these rules in mind, it is safe to say that the intent of the legislature as expressed in § 21-2-304(a)(iii) is to vest the State Board of Education with the power to adopt rules governing the certification of teachers and school administrators in Wyoming. ³ This observation cannot be disputed nor does the record reflect that the parties or the district judge contend otherwise. Rather, the essential question asks whether or not the State Board of Education is the final enforcer of the certification regulations adopted pursuant to the provisions of § 21-2-304(a)(iii). We hold that the Board is responsible for all aspects of certification of teachers and school administrators when a dispute over the applicable rules arises.

general principles of statutory construction calculated to assist the court in ascertaining legislative intent are not resorted to unless it can be said that the statute is ambiguous. Sanches v. Sanches, Wyo., 626 P.2d 61, 62 (1981); Matter of North Laramie Land Co., Wyo., 605 P.2d 367, 373 (1980).

Although § 21-2-304(a)(iii) does not say in so many words that the State Board of Education is given the power to grant or deny certificates pursuant to regulations adopted by the Board, the only meaningful construction that can be given to the statute is to say that the legislature intended to vest the Board with that power. It would be anomalous to hold that § 21-2-304(a)(iii) gives the Board the power to adopt regulations and to authorize exceptions to them but does not grant the Board the final authority to apply those regulations to applicants seeking certificates which would authorize them to accept employment as teachers or school administrators. For this court to hold that § 21-2-304(a)(iii) does not contemplate that the State Board of Education is the final arbiter in all certification disputes would have the effect of nullifying the operation of the statute-and that we cannot do. In the Matter of the Injury to Hasser, supra; McGuire v. McGuire, supra. We reiterate that in construing the intent expressed in § 21-2-304(a)(iii) we must consider the object and purpose sought to be accomplished. Wyoming State Treasurer v. City of Casper, Wyo., 551 P.2d 687, 697 (1976). Thus we find that the intent of the legislature was to establish a system of certification for qualified professional educators within the Wyoming public school system and to vest the control and administration of that system with the State Board of Education. This construction of § 21-2-304(a)(iii) is further...