State's school funding ruled OK
From staff and wire reports
CHEYENNE - Wyoming's system for funding school districts is not perfect, but it is constitutional, the state Supreme Court said in a ruling Tuesday.
The decision ends years of court oversight of the state's public school funding system.
The Wyoming Education Association, Wyoming School Boards Association and a coalition of districts sued the state, saying schools weren't getting enough money.
In Wyoming, the vast majority of school funding comes from the state. Thus, the Supreme Court's decision ultimately affects every student in Wyoming.
But the state contended the districts were getting adequate money and didn't need court oversight any longer.
How Wyoming pays for public schools has been the center of legal battles for some 35 years.
"Hopefully this brings that chapter in Wyoming history to a close," said Michael R. O'Donnell, lawyer for the state.
But Patrick Hacker, a Cheyenne lawyer who represents the Wyoming Education Association, said that despite the ruling, he believes the overall effort has been effective.
"As far as I'm concerned, the whole thing has been extremely positive for both the kids' and the public's interests," he said.
The specific case that led to the appeal was filed 14 years ago, Hacker said.
"I am absolutely certain without this litigation we would not be where we are today," he said. "The court has spurred the elected officials to do the right thing, and they deserve credit for funding and moving things forward."
Laramie County School District 1 wouldn't be building schools if not for the legal effort, Hacker said.
Years ago, the district centered on Cheyenne couldn't build a school because it didn't have enough bonding authority. The state now pays for school construction.
LCSD1 is part of the coalition that sued the state. But Superintendent Ted Adams declined to comment Tuesday on the ruling. He referred questions to LCSD1 lawyer Dave Evans, who could not be reached Tuesday.
Mark Higdon, executive director of the Wyoming School Board's Association, expressed pleasure with Tuesday's ruling.
"We agree the Legislature has done a wonderful job of addressing the issues over the last many years," he said.
Key legislators said they viewed the ruling as an affirmation of years of hefty education funding they have approved.
Sen. Hank Coe, R-Cody, chairman of the Senate Education Committee for the past six years, said Wyoming has raised average teacher pay to 13th in the nation while making huge investments in school construction.
Wyoming allocates more than $1 billion a year to school districts and has set aside another $900 million for school construction, state Superintendent of Public Instruction Jim McBride said.
The Supreme Court, in a unanimous 60-page opinion authored by Justice Marilyn Kite, said it was confident remaining issues, such as how the state pays for athletic facilities, will be resolved by the Legislature.
In addition, it said there was no need for the courts to retain jurisdiction. Lawmakers no longer will have the court's gavel hanging over their heads to make sure they followed through with previous school finance reforms.
The court's opinion also took the unusual step of praising Laramie County District Judge Nicholas Kalokathis of Cheyenne who has presided over the school litigation since the early 1990s.
Issues about school funding were laid out during a trial in the fall of 2005 before Kalokathis. Both sides appealed portions of his decision to the state Supreme Court.
In finding Wyoming's school finance system constitutional, the court sided with Kalokathis' ruling issued almost two years ago.
Tuesday's ruling says there are some problems in the state's funding method. But the court is satisfied the Legislature has established a "thorough and efficient education structure."
The court did disagree with Kalokathis on a few points.
The court said the state could limit the size of school buildings.
It said the School Facilities Commission was doing all it could to replace rundown buildings as quickly as possible.
It said that regional cost adjustments have to be the same.
And it said the state has to pay for infrastructure like roads and sewers needed to operate a new school.
"The Supreme Court has issued a very thoughtful, comprehensive ruling and has endorsed the efforts of the Legislature, the governor and the superintendent of public instruction to provide every Wyoming student with a high quality education,"' O'Donnell said.
"This is a huge, huge step for everyone in the state of Wyoming."
Hacker said the Supreme Court is saying that there are still problems. But the justices chose to encourage further changes rather than mandate them, he said.
In addition, the opinion reaffirmed the doctrine of the state providing all its residents with a good education, he said.
While court oversight has ended, it doesn't "preclude anybody in the future from bringing a new one" with different facts in dispute, Hacker said.
House Speaker Roy Cohee, R-Casper, said the ruling sends the message that "since education is being funded to a very high degree that the need for further lawsuits hopefully will end.''
He added that Wyoming has been fortunate to have the mineral wealth to be able to fund education at the level the courts have required.
He said he expects that if mineral revenues ever decline significantly, the state will have to hike taxes to continue the funding.
Coe also said he doesn't expect the Legislature will slow the pace of school construction since it's no longer under court scrutiny.
Gov. Dave Freudenthal said the state will "strive to make sure our educational system continues to fulfill the mandate of the court, and the best interests of the students of Wyoming."
The decision allows a change in focus, O'Donnell said.
"Now we have an opportunity to turn our focus to what are we doing with that money," he said. "Are we delivering the best education we can for our kids?"
Wyoming Tribune-Eagle reporter Becky Orr contributed to this report from The Associated Press.
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Hans H. wrote on Jan 11, 2008 12:52 PM: