Wyoming teachers’ union sues its own state claiming underfunding of its public schools

A Wyoming teachers’ union has filed a lawsuit against the state alleging insufficient funding for public education.

The state argues the union has no standing in the case since the “right to education” in the state’s constitution “is simply not held by educators.”

The Wyoming Education Association (WEA) brought the suit in August, claiming the state is in violation of its constitutional duty to adjust education funding relative to inflation.

The complaint notes the constitutional obligation of the legislature to ensure the public education system is “complete and uniform,” “thorough and efficient” and “adequate to the proper instruction” of children in the state. Additional responsibilities noted by the complaint are the provision of equal educational opportunities and high-quality education, identification of and full funding of high-quality education, and regular increases in such funding to account for inflation and innovation.

WEA alleges the state has failed in its duty to make adjustments to the current funding model to account for inflation, in particular for teacher salaries, school lunch programs and school buildings and facilities.

“Ultimately, our hope is that the funding model will be cost-based and paid-for so that our students are able to obtain the quality education they deserve in the state of Wyoming,” WEA President Grady Hutcherson said when the suit was first announced.

During legal arguments in the case on Monday, Senior Assistant Attorney General Sean Towles argued on behalf of the state that there is indeed a right to adequately funded education, but that the teachers’ union did not have an existing interest in the matter and therefore did not have standing to bring such a case on behalf of parents and students.

Towles also contended several of WEA’s examples of underfunding were not constitutional requirements.

Attorney Pat Hacker, representing the WEA, argued the organization did have standing based on prior cases, noting the injury that could be incurred by WEA members who were parents of students.

Multiple Wyoming school districts have said they will join WEA in the suit.

The judge said a written decision would come in the next 30 days.