Major Public School Funding Victory in Wyoming
A Wyoming court has declared that the state’s school funding system is unconstitutional, ruling in late February that the State was inadequately and inequitably funding the public schools in violation of students’ education and equal protection rights.
The plaintiffs in Wyoming Education Association v. State, including the Association and eight school districts, contended that the state’s education funding system was unconstitutional because:
- It is not cost-based;
- It does not adequately fund salaries in order to attract and retain personnel;
- It does not include key components, namely elementary level mental health counselors, school resource officers, nutritional programs, and sufficient computer technology equipment;
- The State has failed to properly adjust the funding system for inflation;
- The State has failed to properly assess school facilities for educational suitability;
- The State has allowed too many inadequate and unequal school facilities to be used.
The Wyoming Education Association is represented by Hacker, Hacker & Kendall, PC, and the districts are represented by Parker Poe, Coal Creek Law, and Lemich Law Center.
Over the course of a three-and-a-half week trial in June 2024, Judge Peter Froelicher heard from experts, educators, administrators, and other employees of school districts across Wyoming.
In assessing the testimony, the judge found some of the State’s retained experts less than credible because of bias and/or flawed analysis and assumptions. By contrast, remarking on the firsthand experience of educators and other district employees who served as non-retained experts, the court gave “significant weight to the testimony of each of these very experienced educational professionals and found it more convincing than the statewide statistical evidence presented by the State.”
The court agreed with the plaintiffs on all six grounds of unconstitutionality. Judge Froelicher noted that under the Wyoming Constitution, the Legislature has a “paramount priority” to “provide a thorough and uniform education of a quality that is both visionary and unsurpassed.” He also said because the state constitution is a “living thing,” it must be broadly interpreted to allow for educational innovations that update the definition of a “proper education” to be available to all students.
The court ordered the State to modify the funding system in order to remedy the constitutional violations and also ruled that it would maintain jurisdiction over the case until the violations are fully remedied.
“This ruling affirms that every child in Wyoming deserves access to a high-quality education,” said Kelley Pearson, a partner at Parker Poe. “It recognizes the tireless work of teachers, counselors, and all district personnel who show up every day for their students, often without the resources they need. This decision is a step toward honoring their commitment with the funding and infrastructure necessary to match their dedication.”
Judge Froelicher’s decision had an immediate impact on school funding. Days after the ruling, the Wyoming Legislature restored the full $66.3 million external cost adjustment as required by previous Wyoming Supreme Court school funding decisions.
On March 26, the State filed a notice of appeal and moved to put the court’s decision on hold pending the appeal. Judge Froelicher denied the State’s motion.
Related Stories:
WYOMING SUPREME COURT REJECTS STATE’S BID TO OVERTURN KEY RULING IN SCHOOL FUNDING LAWSUIT
WYOMING COURT GIVES GREENLIGHT TO MAJOR SCHOOL FUNDING CASE
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