A Laramie County District Court judge on Wednesday ruled that the Wyoming Legislature has been unconstitutionally underfunding the state’s public schools, and ordered the state to remodel its spending on education.
Across six different areas, Judge Peter Froelicher found that the state has failed to meet its constitutional requirements, which the Wyoming Judiciary laid out in a series of court cases through the 1980s and 1990s.
Froelicher found that the Legislature failed to properly fund the costs of the “basket of quality educational goods and services,” that the Wyoming Supreme Court in 1995 ordered lawmakers to set, update and fund every two years. The judge also found the state failed to properly adjust funding for inflation; failed to provide funding for adequate salaries for teachers and staff; and failed to provide sufficient funding for mental health counselors, school safety resource officers, nutritional programs and computers for students. Lawmakers have failed as well to properly assess school buildings for “educational suitability,” and have allowed inadequate facilities to exist for too long without repair or replacement, he ruled.
Froelicher ordered the state to “modify the funding model and the school facilities financing system” in accordance with his ruling, which numbers 186 pages. Lawmakers are already set to do their regular review and adjustment of school funding in 2025. The process, known as recalibration, will begin sometime after legislators adjourn the current session in Cheyenne.
That makes for “an excellent window of opportunity to address these issues,” Froelicher wrote.
As to whether the state might appeal Froelicher’s ruling, Gov. Mark Gordon’s office wrote to WyoFile, “We are still reviewing the ruling from the court on this matter to consider our issues on appeal.”
Gordon has shown ongoing support for an external cost adjustment to increase teacher and school staff salaries, but “the current Legislature did not agree with the Governor’s recommendation,” his office said in a statement.
“The Governor looks forward to working with the Legislature in the coming months to ensure that the state is meeting its Constitutional obligation to fund Wyoming education,” the statement concluded.
Froelicher’s strongly worded ruling, which followed a six-week trial conducted over the summer, will hit the Wyoming State House like a bombshell. It comes with a little over a week left in the Legislature’s 2025 session, where education funding has been repeatedly cited as a concern amid attempts to redirect state funds to private, religious and homeschools, and cut both state spending and the property taxes that fund local government.
Froelicher’s ruling could indicate that the state must pump significantly more money into public education at a time when lawmakers have been more interested in cutting spending and promoting private alternatives.
The Wyoming Education Association, an educator advocacy group, sued the state in August 2022. High school districts joined the lawsuit as intervenors.
Article 7 of the Wyoming Constitution states that the Legislature “shall provide for the establishment and maintenance of a complete and uniform system of public instruction.” Landmark court cases further delineated the state’s obligations in the ‘80s and ‘90s.
The more recent of those, the Campbell cases, set the stage for Wyoming’s current school funding obligations. Those cases culminated in 1995 when the Wyoming Supreme Court ordered the state to determine the cost of a high-quality education, fund public schools, adjust funding at least every two years for inflation and review the components of the school funding model every five years to ensure resources are keeping pace with needs and costs.
The court required the Legislature “to consider education as a paramount priority over all other considerations.” Its determination gave rise to a funding framework defined by two key ideas: the “basket of goods” — the skills and subjects students are required to learn, as well as “recalibration” — the process by which the Legislature regularly reviews and adjusts its funding model.
“We probably could not be happier with the ruling,” WEA president Kim Amen told WyoFile. “It’s a huge win for the students of Wyoming, our families and our communities.”
While the education group felt confident it would prevail in the case, Amen said “the breadth of the ruling was amazing.”
The state has the right to appeal, but Amen said the strength of Froelicher’s ruling, and the Wyoming Supreme Court’s history with previous cases suggested the state would have a tough time getting Wednesday’s decision overturned.
Lawmakers, she said, should “be mindful of some of the bills that they’re considering that could take money from public schools,” including major property tax cuts under deliberation.
WyoFile staff writer Katie Klingsporn contributed to this story.
So all the reply are using other people’s stats and condemning 186 pages which were conducted from the judges office . I’m dismayed that they didn’t do their own research , so they’re going to say that ” Wyoming kids are dumber than those other kids from surrounding states ” well we’re not .
False information. Wyoming spent $16,231 per student 2024. And a huge chunk of that goes just for fuel to get the kids in school. It’s sad to see the kids of today not getting the very good education I got in the state of Wyoming at one time. Gone are the programs we once had, like shop classes and driver’s ed. Glad this judge has stepped up for the kids of Wyoming. If you education is expensive, try ignorance!
NO, EXPENSIVE WYOMING PUBLIC SCHOOLS DO NOT OUTPERFORM
Here (below) is a properly formatted (clearer) version of the table showing the cost of K-12 education per student and graduation rates by state. Wyoming spends $20.2K per K-12 student (the most of any neighboring state) and just 81.6% of students value Wyoming education sufficiently to graduate on time (the least of any neighboring states):
…………………………Cost*
…………………………Per………………….2024
…………………………K-12……………….Graduation
………………………..Student……………Rate
… Wyoming……….$20.2K…………….81.6% (1)
… Colorado………..$16.4K……………84.2% (2)
… Utah……………….$10.0K…………..88.8% (3)
… Idaho……………..$..9.4K……………82.3% (4)
… Montana…………$15.5K…………..85.6% (5)
… S. Dakota………..$13.6K…………..84.0% (6)
…Nebraska…………$16.6K…………..88.2% (7)
What would a judge know about school budgets. He or she gets paid every week wether they make the right decision or wrong decision.
NO, EXPENSIVE WYOMING PUBLIC SCHOOLS DO NOT OUTPERFORM
One measure of K-12 performance is the percent of high school students that are inspired by the quality of education to graduate within 4 years. Here (below) are some statistics. While the statistics come from a variety of source and so may have some idiosyncrasies (or even inaccuracies), I believe, based on past statistics I have seen, the table below provides a good approximation. It seems that while Wyoming spends dramatically more than neighboring states on K-12 education, Wyoming students are not inspired by public schools to graduate within 4 years.
From statistics I have gathered in the past, I believe it is likely also true that Wyoming high school students do not outperform neighboring states on standardized national tests.
It seems to me that in much of the nation, public education is a deeply troubled institution. That seems to be the case here in Wyoming, too. In my opinion, Wyoming children would fare far better if the state reduced excessive spending on non-performing public schools and, with the savings, substantially boosted vouchers available for use in private (including parochial) schools and even, subject to monitoring, home schooling.
Cost
Per 2024
K-12 Graduation
Student Rate
… Wyoming $20.2K 81.6% (1)
… Colorado $16.4K 84.2% (2)
… Utah $10.0K 88.8% (3)
… Idaho $ 9.4K 82.3% (4)
… Montana $15.5K 85.6% (5)
… S. Dakota $13.6K 84.0% (6)
…Nebraska $16.6K 88.2% (7)
Sources:
1) WY Dept. of Ed., https://reporting.edu.wyo.gov/ibi_apps/run.bip?BIP_REQUEST_TYPE=BIP_LAUNCH&BIP_folder=IBFS%253A%252FWFC%252FRepository%252FPublic%252FGradRates%252F&BIP_item=StateGradRateProduction.htm
2) CO Dept of Ed., https://www.cde.state.co.us/cdereval/gradratecurrent
3) UT Dept. of Ed., https://www.schools.utah.gov/datastatistics/_datastatisticsfiles_/_reports_/_graduationdropoutrates_/2024GraduationRates.pdf\\\
4) Idaho News, https://www.idahoednews.org/top-news/latest-grad-rates-show-modest-gains-10-year-high/
5) Montana Office of Public Instruction per KTVH Scripps Media, 2023 data, https://www.ktvh.com/news/montana-opi-2023-graduation-rate-similar-to-previous-year
6) Annie E. Casey Foundation, Kids Count Data Center, https://datacenter.aecf.org/data/tables/9152-four-year-high-school-cohort-graduation-rate#detailed/2/any/false/2575,2523,2103,2029,1965,1750,1686,1654,1601,1526/any/18158
7) Annie E. Casey Foundation, Kids Count Data Center, https://datacenter.aecf.org/data/tables/2062-4-year-high-school-graduation#detailed/2/any/false/1096,2545,1095,2048,574,1729,37,871,870,573/any/4328,20322
School districts should be banned from using school funding to sue the state for more money.
Why shouldn’t they?
It’s their mandate to provide a public education for the State students and that takes money. If the schools are underfunded who suffers? Certainly not the politicians, but everyone in the state including businesses.
18k per year, per student… surely our kids outperform surrounding states that are 2/3s that? Surely.
I sat up and took notice of Andrew Graham’s 2/26/25 WyoFile story, “Judge finds Wyoming Unconstitutionally underfunded public schools, orders remedy”*.
If justice is measured by the pound, Judge Peter Froelicher’s findings breaks the scale with its 186 pages.
I have not had the opportunity to read Froelicher’s findings. But consider these Education Data Initiative statistics** on the cost per pupil of public K-12 education in Wyoming and its 6 immediately adjacent states as updated 2/8/25:
… Wyoming $20.2K
… Colorado $16.4K
… Utah $10.0K
… Idaho $ 9.4K
… Montana $15.5K
… S. Dakota $13.6K
…Nebraska $16.6K
In fact, only New York, Vermont, New Jersey, Massachusetts, Connecticut, Illinois, and Washington spend appreciably more per pupil on education than Wyoming. Most states throughout the US spend very substantially less than Wyoming (California spends $18.0K; Texas spends $14.3K; Florida spend $12.4K). Judging just by my personal experience with outcomes in New York City public education and a casual reading in years past of educational outcomes, I need to be better persuaded that disproportionately greater spending on public education directly correlates with improved test scores and graduation rates.
In brief, public education in Wyoming is costing more than 50% more than in adjacent states. Has this disproportionate expense resulted in 50% higher test scores or graduation rates?
If an expenditure of $20.2K per Wyoming K-12 public school student is inadequate, why is a $7K per student voucher program adequate? And why do so many parents clamor for greater opportunity to opt out of the public school system in favor of a private school education?
Froelicher’s 186 pages of findings on its surface sounds pretty authoritative. I would not rush to judge a book by its cover. A judge’s lengthy enumeration of findings at its core may still be totally bereft of wisdom. I hope the higher courts and Legislature take a long hard look at Froelicher’s rule over the Wyoming education system.
Michael Gumport
455 Francis Way
Jackson, WY. 83001
Tel.: 732-221-0172
Email: magumport@gmail.com
* https://wyofile.com/judge-finds-wyoming-unconstitutionally-underfunded-public-schools-orders-remedy/?utm_source=WyoFile&utm_campaign=2b02731083-EMAIL_CAMPAIGN_2025_02_26_10_33&utm_medium=email&utm_term=0_-2b02731083-446131938
** https://educationdata.org/public-education-spending-statistics
The public indoctrination system can never be satisfied. Must have 3 year olds. Must feed all summer. Must crush all dissent, put your mask on little girl, or be escorted out in handcuffs. How many school districts now will not hire a teacher who will not sign their order to not disclose to parents when children change their gender? Just trashy. US Aid level trashy.
Thanks Mike. No one wants to put our kids at a disadvantage. But I also believe the tension between tax revenues for education, education results and the balance of how much we forcefully extract from our Wyo tax payers is essential. Also consider, after doing a bit of number crunching with our Wyo Dept of Revenue data, that total income generated for our counties from local / State taxes all-in averaged a 63% growth over the last five years. It’s not like we’re hurting to give some money back to the tax payers.
Make sure you’re comparing equally across these different states. It’s a lot more complicated than the amount per student. How many Wyo school districts are small rural ones? Each district, large or small, needs things like counselors, SROs, SpEd personnel. How much is high-speed Internet in many communities?
There’s a funding model that calculates all these variables, and the courts found that the Legislature is not following the advice of even their own consultants (Picus et all).
Finally! Someone who understands economy of scale. Thank you!
Mr Gumport,
Wyoming consistently performs well compared to the rest of the nation. Especially in 4th and 8th grade reading and math. In 2022 ( the last year that was reported), Wyoming ranked 4th in the nation on the National Assessment of Educational Progress (NAEP) Score State Rankings:
https://ignitewy.org/wp-content/uploads/2023/01/Wyomings-National-Rank-Quality-Counts-and-NAEP.pdf
86 % of respondents to a Republican poll of 600 Wyoming Republicans believe that state funding should continue to be provided to public school systems.
https://wyoea.org/new-polling-shows-nearly-70-of-wyoming-republicans-oppose-universal-vouchers/
Providing quality service to our rural communities is expensive as you know. Internet, transportation, and salaries that attract qualified staff are just some of the costs we face.
You should not look at the cost per student as a quantitive number, because we must take into account the varying qualitative issues and costs
Fabulous news! We cannot allow the FreeDumb Caucus to continually defund education in this state.
Notice that Degenfelder never brought this up or supported it. Too busy trying to hand our public money over to private schools. Geez, and she was the supposedly the less crazy of the two GOP candidates for this position!
She and her chief of staff are shameful opportunists who are trying to belatedly hitch their wagons to the far right
It will be appealed and appealed and appealed. Gordon has shown no reluctance to burning state money appealing and appealing lost causes.
Wonderful to have some good news for a change. Hopefully won’t be appealed.
The right decision. No use to appeal. The Legislature needs to get to work to correct what is wrong with the current system through the recalibration that will be undertaken this year.
This is great news. Our public education should be a priority. With the current freedumb caucus trying to defund public education, it’s wonderful to see there is still some common sense regarding education.
The timing of this is perfect! So glad to hear about this decision at a pretty critical moment.