Wyoming Supreme Court mostly stays in its lane on education policy

In a split decision, the Wyoming Supreme Court last week largely upheld the status quo in school funding emanating from a 2022 lawsuit filed by the state teacher’s union. This is good news on balance for those who believe in the separation of powers within state government and those who think the judicial branch should remain focused on evaluating the constitutionality of state laws and leave policymaking to the legislative branch.

In the 3 to 2 ruling, the majority found that the legislature had failed to adequately fund teachers’ salaries to keep up with inflation. But it reversed a lower court decision by Laramie District Judge Peter Froelicher mandating that the legislature also fund computers for each student, nutrition programs and school resource officer programs.

In addition, it ruled against the district court’s order to conduct a statewide assessment of school facilities to ensure they meet educational needs. Most significantly, it did not grant plaintiff’s request to make the courts the arbiters of education funding, keeping the legislature in its rightful place as decision makers.

As Justice Kari Jo Gray wrote in her dissent, the court should have given more leeway to the Legislature to fund K-12 public schools. “The Majority’s reading improperly restricts the legislature’s constitutional authority over appropriations and policy choices in education funding,” she wrote. Citing past decisions, she added, “judicial involvement in the legislature’s appropriation decisions [should be] an absolute last resort” and “[h]aving this Court function as an account overseer serves no purpose and inappropriately injects the judiciary into executive and legislative branch functions.”

Gray agreed with the majority’s opinion to reverse judicial mandates on the other school programs.

As Gov. Mark Gordon properly noted, “More spending, by itself, is not a measure of a successful education system. …We need a durable, transparent and constitutionally sound system that provides predictability for schools while protecting Wyoming taxpayers.”

Education spending has skyrocketed throughout the United States over the past 20 years while student achievement has steadily fallen. And as Gov. Gordon highlighted, spending doesn’t guarantee excellence.

National statistics show that Wyoming spends more than regional neighbors Idaho, Montana, and Washington per pupil and ranks 13th overall on spending among the 50 states and Washington, D.C. But that spending doesn’t necessarily translate into higher scores, as a Mountain States Policy Center analysis shows, pointing to the significance of sound policies paired with adequate funding.

The people elect members of the state house and senate to represent their will. This decision allows the legislature to exercise its proper authority over how the K-12 public school system should be financed and the policies it should use to achieve lasting student success.

The Wyoming Education Association should reflect on the proper role of each branch of government before asking the court in the future to adjudicate legislators.