Butler v. Fairfax County School Board, 291 Va. 32

Summary

The Supreme Court of Virginia held that Code § 22.1-296.1(A) requires applicants for employment by a school board to certify that they have not been convicted of any felony. Because Butler had a prior felony conviction, the court held that the Fairfax County School Board lacked authority to hire her, that her continuing contract was void ab initio, and that equitable estoppel did not apply.

Holdings

1. Code § 22.1-296.1(A) requires every applicant for employment by a school board to certify that the applicant has not been convicted of any felony. Because a person previously convicted of a felony cannot make that certification, the person is ineligible for hiring by a school board.
2. Because the Board lacked authority to hire Butler in 2006, it also lacked authority to enter into her continuing contract in 2007; the contract was ultra vires and void ab initio.
3. The Board was not estopped from terminating Butler. Butler failed to establish detrimental reliance, and an unauthorized contract that was void ab initio could not support an estoppel claim.
4. Code § 22.1-296.1(A) does not unconstitutionally constrain the supervisory powers of local school boards or the Board of Education because those powers are subject to regulation by the General Assembly.

Questions Presented

1. Whether Code § 22.1-296.1(A) prohibits a school board from hiring an applicant who has previously been convicted of any felony.
2. Whether Butler's continuing employment contract was valid despite her prior felony conviction.
3. Whether the Board was estopped from terminating Butler based on its prior hiring decision.
4. Whether Code § 22.1-296.1(A) unconstitutionally limits the supervisory powers of local school boards and the Board of Education under Article VIII of the Virginia Constitution.

Disposition

affirmed