Butler v. Fairfax County School Board
291 Va. 32
| Va. | 2015Background
- In 1992 Deilia Butler was convicted of a felony drug offense; she later obtained a Virginia teaching license in 2000.
- Butler applied to and was hired by the Fairfax County School Board in 2006 and received a continuing contract in 2007; she disclosed her conviction on the application.
- In 2012 the school system learned of Butler’s prior felony; the superintendent concluded Code § 22.1-296.1(A) made her ineligible and recommended dismissal.
- The Board sought a declaratory judgment that the statute precluded Butler’s hire; Butler counterclaimed that it did not.
- The circuit court ruled for the Board; Butler appealed to the Virginia Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Code § 22.1-296.1(A) prohibits hiring applicants previously convicted of a felony | Butler: statute only requires disclosure and disqualifies only offenses involving sexual or physical abuse of a child | Board: plain language conditions employment on a certification of no felony conviction, so a prior felony renders an applicant ineligible | Court: statute unambiguous — applicants must certify no felony; felons cannot satisfy condition and thus cannot be hired |
| Whether the statute’s headline/caption modifies statutory meaning | Butler: section headline ("Data on convictions for certain crimes…") limits scope | Board: headline is not part of statutory text; does not alter clear language | Court: headlines of Code sections lack force; do not create ambiguity |
| Whether other statutes (22.1-296.4(B), 22.1-299, 22.1-307(A)) create conflict or limit § 22.1-296.1(A) | Butler: inconsistency with provisions governing founded child-abuse checks, licensing, and post-hire felony discipline | Board: no conflict — those statutes address different situations (founded complaints, licensure, post-hire convictions) | Court: no inconsistency; legislature may treat pre-hire felony differently from post-hire discipline |
| Whether Board is estopped from terminating Butler because the hiring contract induced reliance | Butler: Board’s employment and continuing contract were material representations she relied on | Board: contract was void because Board lacked authority to hire a felon | Court: estoppel fails — Butler showed no detrimental reliance and the contract was void ab initio so cannot support estoppel |
Key Cases Cited
- Payne v. Fairfax Cty. Sch. Bd., 288 Va. 432, 764 S.E.2d 40 (2014) (standard of statutory interpretation; review de novo)
- Covel v. Town of Vienna, 280 Va. 151, 694 S.E.2d 609 (2010) (definition of statutory ambiguity and absurd results)
- Newberry Station Homeowners Ass’n v. Board of Supervisors, 285 Va. 604, 740 S.E.2d 548 (2013) (application of rule of the last antecedent)
- County Bd. of Supervisors v. American Trailer Co., 193 Va. 72, 68 S.E.2d 115 (1951) (title of an act states its purpose)
- Williamson v. Old Brogue, Inc., 232 Va. 350, 350 S.E.2d 621 (1986) (considering an act’s title for purpose)
- Thurston Metals & Supply Co. v. Taylor, 230 Va. 475, 339 S.E.2d 538 (1986) (headlines of Code sections are not part of statutory language)
- Uniwest Constr., Inc. v. Amtech Elevator Servs., 280 Va. 428, 699 S.E.2d 223 (2010) (courts must give effect to clear legislative language)
- King George County Serv. Auth. v. Presidential Serv. Co. Tier II, 267 Va. 448, 593 S.E.2d 241 (2004) (acts ultra vires are void ab initio)
- Hilfiger v. Transamerica Occidental Life Ins. Co., 256 Va. 265, 505 S.E.2d 190 (1998) (elements and nature of equitable estoppel)
- Tuomala v. Regent Univ., 252 Va. 368, 477 S.E.2d 501 (1996) (reasonable reliance and detrimental change in position for estoppel)
- Richard L. Deal & Assocs. v. Commonwealth, 224 Va. 618, 299 S.E.2d 346 (1983) (void governmental contracts cannot support estoppel)
- Brown v. Lukhard, 229 Va. 316, 330 S.E.2d 84 (1985) (extrinsic legislative history cannot create ambiguity in an unambiguous statute)