Plaintiffs to Appeal Wyoming Trial Court Ruling Dismissing Preschool Claim

A Wyoming trial court granted partial summary judgment to the State, dismissing plaintiffs’ claim for pre-k funding from the on-going school finance case, Campbell County Sch. Dist. v. State. Trial is set to begin on October 24, 2005 on the remedial phase of the case, with plaintiffs alleging that the State has failed to comply with the Wyoming Supreme Court’s directives in the Campbell case.

The trial court rested its ruling on a narrow reading of one section of the education article of the Wyoming Constitution, which requires the legislature "to make further provision by taxation or otherwise… [to] create and maintain a thorough and efficient system of public schools [for] all youth… between the ages of six and twenty-one years." Finding that only the legislature has the authority to fund an educational program for children under the age of six, the court failed to consider the broad empowering language of another section of the education article, which requires the Wyoming legislature to create public schools "of every needed kind and grade…, and such other institutions as may be necessary."

In their brief in opposition to summary judgment, plaintiffs presented the research evidence demonstrating the benefits of high quality preschool for children and two arguments why the Wyoming Supreme Court rulings in Campbell obligate the State to fund preschool for all three- and four-year-olds. First, such programs fit within the Court’s directive in Campbell I that the legislature design the "best educational system by identifying the proper educational package each Wyoming student is entitled to have," and then "take the necessary action to fund that package." Plaintiffs noted that the State has identified the value of preschool by its own statutes authorizing school districts to offer pre-k programs; by requiring districts to evaluate pre-k program effectiveness; and by adopting comprehensive pre-k curriculum standards. The State recognizes pre-k belongs in the educational package for all students, yet refuses to fund it.

Second, plaintiffs argued that Cambpell I and Campbell II also require "ample, appropriate provision for at-risk students" in order to "level the playing field." Plaintiffs pointed to research showing that high quality preschool especially benefits economically disadvantaged preschoolers and other young children at-risk for school failure. Several Wyoming school districts currently offer pre-k for at-risk students, but without State aid, can serve only a fraction of the children who need the program.

Laramie County School District No. 1 and the Wyoming Education Association, who have taken the lead in pursuing the preschool claim in the Campbell case, plan to appeal the partial summary judgment order at the conclusion of the trial.

The staff of Starting at 3 helped plaintiffs prepare their brief in opposition to partial summary judgment. For more information on the preschool claim in the Campbell case, contact Ellen Boylan, Esq. at (973) 624-1815, ext. 18, or by e-mail, eboylan@edlawcenter.org.