IN THE SUPREME COURT, STATE OF WYOMING
2001 WY 19
OCTOBER TERM, A.D. 2000
February 23, 2001
STATE OF WYOMING, et al., ) ) Appellants ) (Defendants), ) ) v. ) No. 00-120 ) CAMPBELL COUNTY SCHOOL ) DISTRICT, et al., ) ) Appellees ) (Plaintiffs). )
CAMPBELL COUNTY SCHOOL DISTRICT, ) STATE OF WYOMING, et al., ) ) Appellants ) (Plaintiffs/ ) Intervening Plaintiffs), ) ) v. ) No. 00-121 ) STATE OF WYOMING, et al., ) ) Appellees ) (Defendants). )
BIG HORN COUNTY SCHOOL DISTRICT ) NO. ONE, STATE OF WYOMING, et al., ) ) Appellants ) (Intervening Defendants), ) ) v. ) No. 00-122 ) CAMPBELL COUNTY SCHOOL DISTRICT, ) STATE OF WYOMING, et al., ) ) Appellees ) (Plaintiffs).)
STATE OF WYOMING, et al., ) ) Appellants ) (Defendants),) ) v. ) No. 00-123 ) CAMPBELL COUNTY SCHOOL DISTRICT, ) STATE OF WYOMING, et al., ) ) Appellees ) (Plaintiffs).)
Appeals from the District Court of Laramie County The Honorable Nicholas G. Kalokathis, Judge
Representing State of Wyoming, et al.: Rowena L. Heckert, Deputy Attorney General; Raymond B. Hunkins, Special Assistant Attorney General, of Jones, Jones, Vines & Hunkins, Wheatland, Wyoming; and Jack B. Speight, Robert T. McCue, and Dominique D. Y. Cone of Hathaway, Speight & Kunz, LLC, Cheyenne, Wyoming
Representing Laramie County School District No. One: Paul J. Hickey and Richard D. Bush of Hickey, Mackey, Evans and Walker, Cheyenne, Wyoming
Representing Natrona County School District No. One: Stuart R. Day and Kevin D. Huber of Williams, Porter, Day & Neville, P.C., Casper, Wyoming
Representing Campbell County School District, Sweetwater County School District No. One, Sweetwater County School District No. Two, and Uinta County School District No. One: Ford T. Bussart and Marvin L. Tyler of Bussart, West, Piaia & Tyler, Rock Springs, Wyoming Representing Teton County School District No. One: Sara E. Van Genderen and R. Michael Mullikin of Mullikin, Larson & Swift LLC, Jackson, Wyoming
Representing Big Horn County School District No. One: Timothy J. Kirven of Kirven and Kirven, P.C., Buffalo, Wyoming; Catherine MacPherson of MacPherson Law Offices, LLC, Rawlins, Wyoming; and Gerald R. Mason of Mason & Graham, P.C., Pinedale, Wyoming
Representing Wyoming Education Association: Patrick E. Hacker and Gregory P. Hacker of Patrick E. Hacker, P.C., Cheyenne, Wyoming
Before LEHMAN, C.J.; GOLDEN and KITE, JJ.; and DAN SPANGLER, D.J. (RET.)
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume. KITE, Justice.
[¶1] The school districts and the Wyoming Education Association (WEA) in these cases challenge the constitutionality of the Wyoming statutes which establish the method for financing the operation and construction of public schools. This court reluctantly concludes that, while great effort has been made by many and some improvement has been achieved, the constitutional mandate for a fair, complete, and equal education “appropriate for the times” in Wyoming has not been fully met. Although these cases were not formally consolidated, we are issuing one opinion because the legal analyses and conclusions apply similarly to the issues raised in all the cases. A single opinion will provide clarity and consistency in this court’s direction to the legislative and executive branches of our state’s government as those branches continue to work toward a constitutionally acceptable school financing system for Wyoming’s youth.
[¶2] As will be more fully developed in the course of this opinion, we hold:
• The cost-based model approach chosen by the legislature which relies upon past statewide average expenditures is capable of supporting a constitutional school finance system.
• The funding legislation must be modified as follows, on or before July 1, 2002, in order to provide a constitutionally adequate education appropriate for our times: