Joint Resolution wrong idea on school financing

I caught an article in the Daily News this past Saturday (Feb. 17), addressing school financing. It stated that Affie Ellis, a state senator from Cheyenne, had filed a Joint Resolution that would amend Wyoming’s constitution “to specify that the Legislature has the right to determine how much money it gives to school finance based on revenue.” The Senator assures Wyoming citizens that, “I don’t think the Legislature necessarily wants to do whatever it wants.”

I don’t see Senator Ellis’ Joint Resolution in the benevolent light she wishes to present it. What I see is an all-out assault on numerous Wyoming Supreme Court decisions requiring that school financing be rendered equal throughout the State of Wyoming.

This is an issue with a long history of antecedents, starting in 1971 when the Wyoming Supreme Court told the Legislature (in the case of Sweetwater Planning Committee v. Hinkle) that school funding in Wyoming, which produced large discrepancies throughout the state, differences not based on actual school needs, was unconstitutional, and that funding must be undertaken in a more equal way. The legislature ignored the court.

So, when my law firm filed the case of Washakie County v. Herschler seven years later, in 1978, the Supreme Court rendered a predictable decision, stating that the Wyoming Legislature must produce a constitutional system of financing public education. This decision angered many legislators, who apparently believed they had unfettered power in the distribution of money to Wyoming schools. I remember a meeting here in Worland convened by the committee charged with forwarding acceptable legislation. I testified at that hearing and recall how the chairman of that committee vented his anger at Washakie County School District No. 1 for their effrontery in bringing a lawsuit. So, it wasn’t a big surprise to me that the Legislature only enacted what they termed “transitional” legislation, and then did nothing for the next nine years.

The Legislature’s refusal to act was duly noted and new court cases were filed, cases that I know under the general title of “Campbell County” decisions. This time the Wyoming Supreme Court told our recalcitrant Legislature exactly what it expected regarding school financing to meet the requirements of the Wyoming constitution. And, finally, the Legislature did discharge its constitutional responsibility, so that for the last 15 years or so, Wyoming kids have been the lucky recipients of the benefits of legislation which produced full and fair educational funding. Wyoming kids have received first rate schooling, coupled with first rate opportunities to complete their education at the University of Wyoming. It has cost the state somewhat more in order to fully equalize educational funding, but I think most citizens feel strongly that there is no more important use for Wyoming tax dollars.

I know, however, that some legislators still resent the educational monies paid out – despite her protestations, I think that is the underlying attitude on the part of the sponsoring Cheyenne senator forwarding the constitutional provision that would undercut financing to Wyoming schools. I think it’s clear that she is sponsoring a proposition that will enable the Legislature to pay anything they want to (or don’t want to) for educational funding.

I remember reading just recently how some legislators expressed their resentment that new taxes may be required because of a shortfall in revenues and asking for pledges that under no circumstances, no matter how great the need, would new taxes be instituted. This position surprised me, given Wyoming’s low overall tax burden, as well as the state’s huge reserve, something like $1.7 billion in the latest figure I saw.

I would urge Wyoming citizens to contact their legislators and speak out against this new attack on fair funding for Wyoming’s schools, and if legislators insist on forwarding this unfortunate constitutional amendment, to vote against it, and encourage all their neighbors to do the same.

John Davis was raised in Worland, graduating from W. H. S. in 1961. John began practicing law here in 1973 and is retired. He is the author of several books.