By Noah Zahn
Wyoming Tribune Eagle
Via- Wyoming News Exchange

CHEYENNE — Eight Wyoming school districts have submitted a 103-page brief to the Wyoming Supreme Court, defending a February district court ruling that declared the state’s public education funding model unconstitutional.

This comes as the state appeals the lower court’s decision, arguing that the existing system systematically harms students by failing to provide a thorough, uniform and quality education as mandated by the Wyoming Constitution.

The lawsuit, initially filed by the Wyoming Education Association in August 2022 and later joined by school districts in Albany, Campbell, Carbon, Laramie, Lincoln, Sweetwater and Uinta counties, stems from what educators describe as consistent underfunding in violation of decades of Supreme Court precedent. 

Laramie County District Court Judge Peter Froelicher’s ruling in February sided with the educators, concluding that the Legislature had failed in six critical areas.

“Our goal is that the Wyoming Supreme Court will solidify the judge’s decision that the Wyoming Legislature needs to fund education appropriately,” Lincoln County School District 1 Superintendent Teresa Chaulk said when asked why the brief was submitted earlier this week.

“So we have adequate facilities for all of our students, so that we have mental health services for all of our students, we have nutrition for all of our students, and we have the best staff in front of our students.”

 

How ECAs are handled

Central to the districts’ argument is the state’s failure to adjust the education funding model for inflation, particularly by not applying External Cost Adjustments cumulatively since 2010.

This has directly impacted the salaries of educators and staff, which are now deemed inadequate to recruit and retain qualified personnel, district officials argue. The base “model salary” for a certified teacher was approximately $37,540 at the time of the trial, and the model has remained untouched since 2005, except for ECAs.

Superintendents from the intervening districts provided testimony about the severe challenges in attracting and retaining teachers and staff, leading to unfilled positions, the hiring of less qualified educators and an increased reliance on alternative certifications.

For Chaulk, this is her top concern in Lincoln County School District 1.

“The External Cost Adjustment that we pay not only teachers, but classified staff, our paraprofessionals, our custodians, our maintenance, even our administration, … we’re 75% of comparable wages. That’s inappropriate,” she said.

Christiana Stoddard, who was hired by the state in 2010 to assist with recalibration, reported that Wyoming’s teacher salaries are now 3% below the regional average, and the state’s competitive advantage has been cut in half since 2018. 

This decline results in students not always being taught by highly qualified teachers, directly impacting the quality of education.

The districts further contend that the state’s funding model excludes essential components necessary for a modern, high-quality education. These unfunded necessities include elementary mental health counselors, school resource officers, nutrition services and one-to-one student technology.

Testimony outlined in the districts’ brief highlighted a substantial increase in student mental health needs, making access to counselors at the elementary level “essential” for learning. The state’s own consultants had recommended adding these positions, but the recommendations were ignored.

SROs assist with school safety, which directly impacts a student’s ability to learn.

They are considered “appropriate for the times,” yet the funding model provides no dedicated support, forcing districts to divert general funds.

Concerning proper nutrition, the brief notes that “hungry students cannot learn.”

Despite all districts offering meals, the state provides no dedicated funding, compelling districts to use general funds and federal subsidies that are insufficient to cover shortfalls, the brief said.

The current three-to-one student-to-device ratio is deemed inadequate, and temporary federal COVID19 relief funds, which supported one-to-one access, are no longer available. 

Sen. Bo Biteman, R-Ranchester, has questioned the evidence for improved outcomes with one-to-one computers, expressing concerns about inefficiency and cost.

The brief also asserts that the state has failed to adequately and evenly assess school facilities for educational suitability, leading to “unequal and inadequate school facilities” across districts. It cited facilities like Campbell County High School, Rock Springs High School and Arp Elementary School in Cheyenne that suffer from outdated designs, security issues and poor infrastructure.

 

Applying legal scrutiny

The school districts have documented “overwhelming and undisputed evidence of harm” to students, citing testimony from superintendents and district officials. This harm manifests in cuts to programs and services — such as Advanced Placement courses, gifted and talented programs, and electives — less resources for educators and a decline in student performance.

Superintendent Kelly McGovern of Sweetwater County School District 1 testified, “We are delivering the bare minimum. … We have an opportunity to educate kids, and we’re blowing it.”

Legally, the school districts’ brief argues that the district court correctly applied “strict scrutiny” — the highest legal standard — to evaluate the state’s actions, asserting that education is a fundamental right under the Wyoming Constitution. The districts contend that this standard applies to both “equity” and “adequacy” claims, rejecting the state’s arguments for a lesser “good faith” standard.

Following the district court’s ruling, Gov. Mark Gordon’s office indicated it was reviewing the decision to consider issues on appeal. The state subsequently filed its notice of appeal in March, but its request for a stay of the ruling was denied by Judge Froelicher, signaling the immediate need for remedies.

As the state’s mandated “recalibration” process for school funding continues, the arguments presented in the districts’ brief will be central to the Wyoming Supreme Court’s review.

Chaulk was neither optimistic nor pessimistic about the recalibration process, but said she will be watching it closely. She said trust between the school districts and the state is vital, but lacking as things currently stand.

“Hence the lawsuit. There’s no trust,” she said. “We’ve still got to build trust. We’ve still got to be able to work together. We have to agree to disagree, but still march forward and work together for the betterment of our educational system.”