Vol. 29, No. 1 #9 (February 2006). WYOMING SCHOOL FINANCE CASE.

• Author: By Michael R. O'Donnell

Wyoming Bar Journal

2006.

Vol. 29, No. 1 #9 (February 2006).

WYOMING SCHOOL FINANCE CASE

WYOMING LAWYERFebruary 2006/Vol. 29, No. 1WYOMING SCHOOL FINANCE CASEPOINT / COUNTERPOINTThe Changing World of Education PolicyBy Michael R. O'Donnell

Do we want the future of our children's education forever trapped in the contentious, expensive and uncompromising world of the adversarial system? Such a question may seem laced with hyperbole, but in reality it is not.

Litigation over the funding of Wyoming's public schools has reached the point that virtually every decision is made based upon how it will resonate with the courts, and not necessarily upon what is best for children. Litigation, not sound policy, is driving the decisions which affect how we provide for our children's education.

Should it be this way? In a rapidly changing 21st century, isn't there a better way to approach K12 education policy? Certainly there must be. Let's examine some facts.

Wyoming has been involved in litigation over public school funding for over 30 years. Millions of dollars of funds which could have gone to children have instead gone to pay for lawsuits.

Was all of that money wasted? Of course not. There was a time when the funding for Wyoming schools was driven almost exclusively by local wealth. If a child lived in a wealthy school district, that child received far richer funding for his or her education. Conversely, if a child lived in a poor district, that richer funding simply did not exist.

It wasn't fair - that situation was wrong - and it was unconstitutional. The Courts stepped in and did what our courts do - they ordered a fix to the problem. In fact, the Courts had to order the fix more than once. It took several opinions to change the inertia in school funding that had existed since the creation of this State.

However, that fix is in place and has been for a number of years.

Public school funding is no longer based upon local wealth. Revenues are pooled at the state level and distributed to school districts based upon their school populations and, very importantly, upon special needs identified at the local level. These special needs range from diseconomies of scale inherent in small schools and districts, to variations in student populations, to dealing with different mixes of experience and training in teaching and support staffs...