Davis, Justice:
In this case, the Monongalia County Board of Education challenges a ruling by the Circuit Court of Monongalia County that found a county board of education could not contract with a Regional Education Service Agency ("RESA") to provide educational interventionists to county elementary and middle school students when those interventionists are hired by the West Virginia Board of Education ("State Board") operating through a RESA. The circuit court rested its conclusion on its determination that an interventionist met the statutory definition of a teacher and, therefore, must be directly hired by a county board of education. After reviewing the parties' briefs
The dispute in this case arises from the use of educational interventionists to assist school children in Monongalia County who need educational support beyond that provided by the regular classroom teacher, i.e., tutoring, in the subjects of reading and math. The Monongalia County Board of Education ("MCBOE") asserts that by utilizing interventionists it is able to provide supportive program-based instruction to over three hundred struggling elementary and middle school students each year. According to the circuit court,
The MCBOE explains that the support provided to a student by an interventionist is designed by the student's teacher, school psychologist, and academic coach, among others, to intervene in a student's education before the student has failed a subject. Accordingly, interventionists do not engage in planning, grading, assessment, parent communication, or other responsibilities carried out by classroom teachers. Interventionists are, however, required to be certified teachers.
The interventionists utilized by MCBOE are obtained through a contract it has with its RESA,
Relevant to the instant dispute, during a board meeting on September 27, 2011, MCBOE approved the expenditure of Title I funds to contract with RESA VII for the services of four interventionists, each to be assigned to a specific Title I qualifying school. In addition, MCBOE approved expenditures from its General Fund to contract with RESA VII for additional interventionists to serve generally at elementary and middle schools in Monongalia County. According to MCBOE, approximately thirty interventionists provided services to Monongalia County students during the 2011-2012 school year.
In or around December 2011, the American Federation of Teachers — West Virginia, AFL-CIO ("AFT"), respondents herein, filed in the Circuit Court of Monongalia County a petition for writ of mandamus, naming MCBOE as the respondent, in which they sought declaratory and injunctive relief. AFT essentially sought a declaration that interventionists are classroom teachers that must be hired by MCBOE, and an injunction to prevent MCBOE from obtaining interventionists through a contract with RESA VII. After a period of discovery, the parties presented
Although the circuit court did not render its final order in the context of the petition for writ of mandamus that was sought by AFT, it implicitly granted the requested writ by granting summary judgment in favor of AFT. Likewise, the circuit court connotatively declared that MCBOE is prohibited from contracting with RESA VII to obtain the services of interventionists and enjoined it from continuing the practice. Thus, our standard for reviewing the lower court's rulings in this appeal is multifaceted.
It has been made clear that, "[t]o invoke mandamus the relator must show (1) a clear right to the relief sought; (2) a legal duty on the part of the respondent to do the thing relator seeks; and (3) the absence of another adequate remedy." Syl. pt. 2, Myers v. Barte, 167 W.Va. 194, 279 S.E.2d 406 (1981). This is so because
Syl. pt. 1, State ex rel. Williams v. Department of Military Affairs & Pub. Safety, Div. of Corr., 212 W.Va. 407, 573 S.E.2d 1 (2002). Our review of the circuit court's grant of mandamus relief is de novo: "A de novo standard of review applies to a circuit court's decision to grant or deny a writ of mandamus." Syl. pt. 1, Harrison Cty. Comm'n v. Harrison Cty. Assessor, 222 W.Va. 25, 658 S.E.2d 555 (2008).
Because this appeal comes to this Court from an order granting summary judgment, we also exercise plenary review of that ruling: "A circuit court's entry of summary judgment is reviewed de novo." Syl. pt. 1, Painter v. Peavy, 192 W.Va. 189, 451 S.E.2d 755 (1994). In carrying out our plenary review, we bear in mind that "[a] motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law." Syl. pt. 3, Aetna Cas. & Sur. Co. v. Federal Ins. Co. of New York, 148 W.Va. 160, 133 S.E.2d 770 (1963).
We additionally review de novo the circuit court's declaratory judgment:
Flowers v. Max Specialty Ins. Co., 234 W.Va. 1, 5, 761 S.E.2d 787, 791 (2014). See also Syl. pt. 3, Cox v. Amick, 195 W.Va. 608, 466 S.E.2d 459 (1995) ("A circuit court's entry of a declaratory judgment is reviewed de novo.").
To the extent that the circuit court granted injunctive relief, our review is for an abuse of discretion:
Syl. pt. 5, Foster v. Orchard Dev. Co., LLC, 227 W.Va. 119, 705 S.E.2d 816 (2010).
Finally, insofar as our decision necessitates an examination of various statutory provisions and resolution of questions of law, we apply plenary review to those issues as well: "Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review." Syl. pt. 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995).
We now proceed to address the issues herein raised while guided by the foregoing principles.
Resolution of the instant matter depends upon whether the Legislature intends for educational interventionists to be equivalent to regular classroom teachers and therefore subject to all of the same statutory entitlements and requirements as classroom teachers. Ascertaining legislative intent guides our analysis because "[t]he primary object in construing a statute is to ascertain and give effect to the intent of the Legislature." Syl. pt. 1, Smith v. State Workmen's Comp. Comm'r, 159 W.Va. 108, 219 S.E.2d 361 (1975). To determine the legislative intent and thereby decide the question herein presented, we first look to statutory provisions related to teachers to discern whether an interventionist meets the definition of a classroom teacher. We then consider the statutory and regulatory scheme for RESA as it relates to interventionists. Finally, we determine which law applies to the instant dispute.
In our examination of the statutory and regulatory provisions relevant to this matter, we are mindful of the fundamental principles of statutory construction that must be applied. Namely, we recognize that, in order to glean legislative intent, "[w]e look first to the statute's language. If the text, given its plain meaning, answers the interpretive question, the language must prevail and further inquiry is foreclosed." Appalachian Power Co. v. State Tax Dep't of West Virginia, 195 W.Va. 573, 587, 466 S.E.2d 424, 438 (1995). See also Foster Found. v. Gainer, 228 W.Va. 99, 110, 717 S.E.2d 883, 894 (2011) ("Statutes whose language is plain must be applied as written."); Syl. pt. 2, State v. Epperly, 135 W.Va. 877, 65 S.E.2d 488 (1951) ("A statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be interpreted by the courts but will be given full force and effect."). Conversely, "[a] statute that is ambiguous must be construed before it can be applied." Syl. pt. 1, Farley v. Buckalew, 186 W.Va. 693, 414 S.E.2d 454 (1992). See also Foster Found. v. Gainer, 228 W.Va. at 110, 717 S.E.2d at 894 ("Statutes ... whose language is ambiguous must be construed before they can be applied.").
The term "interventionist" is not defined in the West Virginia Code. Accordingly, in order to determine whether an interventionist is the statutory equivalent of a teacher, we begin with an examination of the definition of a teacher. The statutory definition of a classroom teacher is found in W. Va. Code § 18A-1-1(c)(1) (2009) (Repl. Vol. 2016), which defines the term as follows:
Thus, as pointed out by AFT, strictly applying
Notably, if interventionists are designated as "classroom teachers," then pursuant to W. Va. Code § 18A-2-1(a) (2013) (Repl. Vol. 2016),
Nevertheless, we must continue our analysis by considering the provisions pertaining to the role of RESAs and determining whether that role, as it pertains to interventionists, is compatible with the statutory definition of a classroom teacher.
RESAs are established by W. Va. Code § 18-2-26 (2015) (Repl. Vol. 2016).
(Quotations and citations omitted).
The Legislature also has expressly stated its purpose for establishing RESAs, which includes its vision that RESAs would assist the State Board in implementing programs and services as directed by that body:
W. Va. Code § 18-2-26(b) (emphasis added). Moreover, the Legislature has mandated that the State Board promulgate rules for the establishment and operation of RESAs: "[t]he state board shall reexamine the powers and duties of [RESAs] in light of the changes in state level education policy that have occurred and shall establish multicounty regional education service agencies by rule, promulgated in accordance with the provisions of article three-b [§§ 29A-3B-1 et seq.], chapter twenty-nine-a of this code."
Among the various legislative rules governing RESAs is one that expressly authorizes RESAs to employ staff "to perform services described in the Strategic Plan or to operate ... projects that may require staff and support services for effective implementation." 126 W. Va. C.S.R. § 72-3.13 (2010).
Clearly then, under the foregoing provisions, the use of interventionists is in accordance with the authority granted to a RESA to employ staff to perform certain services such as those outlined in its Strategic Plan. See 126 W. Va. C.S.R. § 72-3.13; 126 W. Va. C.S.R. § 72-5.1.6. The RESA VII Strategic Plan for the 2011-2012 school year, which, necessarily, was approved by the State Board, contains a specific provision for employing interventionists:
RESA VII Strategic Plan § 3.4. (2011-2012) (emphasis added).
Finally, we observe that, in carrying out duties such as the provision of interventionists, RESAs are expressly empowered to contract with and receive funds from county boards of education:
126 W. Va. C.S.R. § 72-2.5 (2010) (emphasis and footnote added).
(Emphasis added).
To summarize, the plain language of the foregoing statutes and legislative rules pertaining to RESAs demonstrate that the Legislature intended for RESAs to be enabled to provide, among other things, interventionist services to county boards of education through contracts with the county boards.
Based upon the analyses set out above, this Court is now faced with two legislative schemes applicable to interventionists: one governing classroom teachers and one governing RESAs. Under the statutory provisions pertaining to classroom teachers, an interventionist must be employed by a county board of education. On the other hand, the RESA provisions allow county boards to contract with RESAs to obtain interventionist services for their students. Thus, while both legislative schemes are applicable, they also are inconsistent and irreconcilable.
We find that the rules of statutory construction favor application of the RESA scheme to this matter. This Court has observed that, "`where two distinct statutes stand in pari materia, and sections thereof are in irreconcilable conflict, that section must prevail which can properly be considered as the last expression of the law making power....' State ex rel. Pinson v. Varney, 142 W.Va. 105, 109, 96 S.E.2d 72, 74 (1956)." Stanley v. Department of Tax & Revenue, 217 W.Va. 65, 71, 614 S.E.2d 712, 718 (2005). Under this doctrine, the RESA scheme prevails because the statute establishing RESAs was last amended in 2015, and the legislative rules governing RESAs also were last amended in 2015. Moreover, the RESA strategic plans, such as the RESA VII strategic plan that specifically provides for the hiring and use of interventionists, are approved by the State Board on an annual basis. See 126 W. Va. C.S.R. § 72-5.4 (2010) (establishing that "[e]ach RESA shall submit ... the Strategic Plan to the WVDE [West Virginia Department of Education] by October 1 of each year for approval by the [State Board]...."). See also 126 W. Va. C.S.R. § 72-5.4 (2015) (providing that "[e]ach RESA shall submit... the Strategic Plan to the [State Board] staff by October 1 of each year for approval by the [State Board]...."). Conversely, the statute setting out the definition of the term "classroom teacher" was last amended in 2009.
In addition, it is well established that
Teets v. Miller, 237 W.Va. 473, ___, 788 S.E.2d 1, 12 (2016). In the case sub judice, the various RESA provisions provide the more specific law in that they specifically address the issues herein raised, i.e., granting authority for RESAs to both employ individuals to provide services to school children and to enter contracts with county boards of education. Furthermore, the relevant rules require incorporation of the State Board approved RESA strategic plan, which, in this instance, expressly provides for interventionists. The foundation for the argument that interventionists must be considered classroom teachers, on the other hand, rests solely upon W. Va. Code § 18A-1-1(c)(1), a statute that simply defines the term "classroom teacher" and contains no provision expressly pertaining to interventionists.
Accordingly, based upon the analysis set out in this opinion, we now hold that the definition of "classroom teacher," set out in W. Va. Code § 18A-1-1 (2009) (Repl. Vol. 2016), is not intended to include within its meaning an "interventionist," who provides instruction to an individual student or a
For the reasons set out in the body of this opinion, we conclude that the legislative scheme for the RESA program evidences a legislative intent that county boards be authorized to contract with RESAs to provide interventionist services to county students. Accordingly, we reverse the June 24, 2015, order of the Circuit Court of Monongalia County.
Reversed.
https://wvde.state.wv.us/titlei/(last visited October 24, 2016). The MCBOE explains that Title I funds are distributed as formula grants by the federal government. Moreover, "[a] RESA is eligible as a local education agency (LEA) to participate in partnership with or on behalf of any county school system or school in those programs that will accomplish implementation of the strategic plan and/or state education initiative." 126 W. Va. C.S.R. § 72-2.5 (2010). Accord 126 W. Va. C.S.R. § 72-2.5.d (2015).
W. Va. C.S.R. § 126-72-3 (emphasis added). The foregoing regulation, which was in effect at the time relevant to the instant dispute, has been amended. The current version became effective in 2015. Our decision in this case would be the same under either version of this regulation.
The amended version of the above quoted provision is found at 126 W. Va. C.S.R. § 72-5.1.f (2015). Although the language used in the first paragraph of the 2015 version of this regulation is somewhat different than that quoted above, the regulation still requires RESAs to develop and/or implement programs or services as directed by law or by the State Board.