State Preschool Program

Overview

Wyoming does not fund a preschool program. School districts are allowed to offer part-time preschool programs, either in-district or by contracting with private preschool providers, but such programs are locally funded.

State Policy

In establishing a state quality child care incentive program in 2006, the legislature acknowledged the effectiveness of “[h]igh quality early childhood development programs … in significantly improving the lives of children who are at risk[.]”

Eligibility Criteria

Children served by local school districts must be at least three-years-old.

Program Length/Duration

Districts may only operate part-time preschool programs.

Funding

Local preschool programs are specifically excluded from the state school funding formula. In addition, districts may not apply for state funds to cover any technical assistance provided to preschool programs.

Quality Standards

There are essentially no state-wide quality standards applicable to district preschool programs in Wyoming. State statute requires that there must be a developmentally appropriate curriculum. There are Early Childhood Readiness Standards, but no requirement that they be used for assessment or in developing curriculum.

Delivery of Preschool Services

If a school district chooses to operate a program with local revenue, it may contract with private providers to operate the preschool program and use private facilities and personnel.

Requirements for Student Assessment and Program Evaluation

The state does require school districts to assess the school readiness and performance of students who participate in district-run preschool programs. Districts are required to provide a report on these assessments to the department of education, which then reports to the legislature.

Education Clause in State Constitution

The Wyoming constitution requires the legislature to provide for the establishment and maintenance of a "complete and uniform system of public instruction, embracing free elementary schools of every needed kind and grade" and to “maintain a thorough and efficient system of public schools, adequate to the proper instruction of all youth of the state, between the ages of six and twenty-one years."

Summary of Case Law on School Finance System

The Wyoming Supreme Court has held that education is a fundamental right. In Campbell I, the Court ruled that the school finance system was unconstitutional. It also laid out standards for meeting the constitutional mandate for a "fair, complete, and equal education appropriate for the times." As a result of the first Campbell decision, the legislature changed the school funding mechanism. However, in Campbell II, the Supreme Court still found the system did not fully satisfy its constitutional mandate, especially with regard to capital funding. In 2004, plaintiffs returned to court on an order to show cause seeking to have the state demonstrate that it had remedied the constitutional deficiencies identified by the Supreme Court in Campbell II. In January 2006, the trial court ruled that some elements of the new school funding system were unconstitutional, but rejected many of plaintiffs’ claims. Plaintiffs have appealed to the Wyoming Supreme Court, and a decision is expected in 2007.

Summary of Case Law on Preschool

In the most recent round of litigation, plaintiffs in the on-going Campbell case allege that the state must fund a preschool program as part of its constitutional duty to provide a "fair, complete and equal education appropriate for the times." In October 2005, the trial court dismissed the preschool claim. Plaintiffs have appealed the pre-k ruling to the Wyoming Supreme Court with their appeal of the trial court’s January 2006 final order, discussed above.

Constitutional Provisions on Public Education

Wyo. Const. Art. 1, § 23

The right of the citizens to opportunities for education should have practical recognition. The legislature shall suitably encourage means and agencies calculated to advance the sciences and liberal arts.

Wyo. Const. Art. 7, § 1  

The legislature shall provide for the establishment and maintenance of a complete and uniform system of public instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and professional departments as the public good may require and the means of the state allow, and such other institutions as may be necessary.

Wyo. Const. Art. 7, § 7

The income arising from the funds mentioned in the preceding section, together with all the rents of the unsold school lands and such other means as the legislature may provide, shall be exclusively applied to the support of free schools in every county in the state.

Wyo. Const. Art. 7, § 8

Provision shall be made by general law for the equitable allocation of such income among all school districts in the state. But no appropriation shall be made from said fund to any district for the year in which a school has not been maintained for at least three (3) months; nor shall any portion of any public school fund ever be used to support or assist any private school, or any school, academy, seminary, college or other institution of learning controlled by any church or sectarian organization or religious denomination whatsoever.

Wyo. Const. Art. 7, § 9

The legislature shall make such further provision by taxation or otherwise, as with the income arising from the general school fund will create and maintain a thorough and efficient system of public schools, adequate to the proper instruction of all youth of the state, between the ages of six and twenty-one years, free of charge; and in view of such provision so made, the legislature shall require that every child of sufficient physical and mental ability shall attend a public school during the period between six and eighteen years for a time equivalent to three years, unless educated by other means.

Case Law on the Right to Public Education and Preschool

Is Education a Fundamental Right under the State Constitution?

The Wyoming Supreme Court in Campbell County Sch. Dist. v. State, 907 P.2d 1238, 1257. (Wyo. 1995) (Campbell I) stated: "The fundamental right of education expressly recognized by the Wyoming Constitution is declared in Art. 1, § 23: Education." It further stated: ". . . since this court has held the right to a quality education under our state constitution is a fundamental right, that right must be construed broadly." Id. at 1258.

School Finance Cases in Favor of Plaintiffs:

Washakie County School District v. Herschler, 606 P.2d 310 (Wyo. 1980)

The Wyoming Supreme Court held that state's system of financing public education, which was based principally upon local property taxes and resulted in property-poorer school districts consistently receiving less revenue per student than property-richer ones, failed to afford equal protection in violation of the state constitution.

Campbell County Sch. Dist. v. State, 907 P.2d 1238 (Wyo. 1995) (Campbell I)

The Wyoming Supreme Court held that the state school funding system, including several provisions of the system that resulted in disparities in funding among local districts, failed to satisfy the state’s obligation to provide equal educational opportunity under the education clause of the state constitution.

State v. Campbell County Sch. Dist., 19 P.3d 518 (Wyo. 2001) (Campbell II)

The Wyoming Supreme Court "reluctantly" held 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." 19 P.3d at 526. The Court ruled that the methodology of the school funding legislation adopted in response to Campbell I was acceptable, but that the legislation must be modified in several respects, especially in the area of capital funding, in order to provide a constitutionally adequate education. The case was remanded for further proceedings and the district court retains jurisdiction (see discussion under Pending Cases below).

Standard for a Constitutionally Adequate Education:

Campbell County Sch. Dist. v. State, 907 P.2d 1238 (Wyo. 1995) (Campbell I)

The Wyoming Supreme Court in Campbell I stated:

"Trial testimony indicated aspects of a quality education will include:

1. Small schools, small class size, low student/teacher ratios, textbooks, low student/personal computer ratios.

2. Integrated, substantially uniform substantive curriculum decided by the legislature through the State Superintendent of Public Instruction and the State Board of Education with input from local school boards.

3. Ample, appropriate provision for at-risk students, special problem students, talented students.

4. Setting of meaningful standards for course content and knowledge attainment intended to achieve the legislative goal of equipping all students for entry to the University of Wyoming and Wyoming Community Colleges or which will achieve the other purposes of education.

5. Timely and meaningful assessment of all students' progress in core curriculum and core skills regardless of whether those students intend to pursue college or vocational training." 907 P.2d at 1279 (footnotes omitted).

School Finance Cases against Plaintiffs:

None.

Decisions Ruling School Finance Issues Were Non-Justiciable:

None.

Cases Related to State-Funded Preschool:

Plaintiffs in the on-going Campbell case, discussed below, allege that the State must fund a preschool program as part of its constitutional duty to provide a “fair, complete and equal education appropriate for the times." In September 2005, the trial court granted the State’s motion for summary judgment on the preschool claim. The court’s ruling was based on a narrow reading of one section of the Wyoming Constitution, which requires the legislature to make “further provision” for the education of all children between the ages of 6 and 21. The court found this provision limited public education to children ages 6 and over and therefore precluded it from directing the State to fund a preschool program. In so ruling, the court failed to consider another section of the Wyoming Constitution that requires the legislature to “provide for the establishment and maintenance of a complete and uniform system of public instruction … embracing free elementary schools of every needed kind and grade … and such other institutions as may be necessary.”

Plaintiffs have appealed the preschool ruling with their partial appeal of the trial court’s January 2006 order, discussed below. Oral argument was heard in mid-October 2006 and a decision is expected in 2007. Plaintiff Laramie County School District No. 1's appellate brief focused on the state's constitutional obligation to fund a high quality prekindergarten program as a part of a “fair, complete, and equal education appropriate for the times.” The Wyoming PTA and Northern Arapaho Tribe filed an amicus brief in support of plaintiffs' prekindergarten claim.

Pending School Finance Cases:

State v. Campbell County Sch. Dist. (Laramie Dist. Ct. 2004)

In July 2004, a coalition representing 30 of Wyoming’s 48 school districts, the Wyoming Education Association and the Wyoming School Board Association filed an order to show cause seeking to have the State demonstrate that it had remedied the constitutional deficiencies in the school funding system that were identified by the Wyoming Supreme Court in State v. Campbell (2001) (Campbell II). As part of their request for remedial relief, plaintiffs allege that the state must fund a high quality preschool program as part of its constitutional duty to provide a “fair, complete and equal education appropriate for the times."

In October 2004, the trial court denied the State’s motion to dismiss the case. In September 2005, the trial court granted the State’s motion for summary judgment on plaintiffs’ claim that the State has a constitutional duty to fund a high quality preschool program.

Following a two month trial in late 2005, the trial court issued an Order in January 2006 declaring some elements of the school funding system unconstitutional, including those related to school facilities and seniority adjustments for teachers. The court also found, however, that the State has complied with the mandate of Campbell II in most respects, including at-risk program aid. Plaintiffs appealed the adverse rulings, including dismissal of the pre-k claim, to the Wyoming Supreme Court. Oral argument was heard in mid-October 2006 and a decision is expected in 2007. Plaintiff Laramie County School District No. 1's appellate brief focused on the state's constitutional obligation to fund a high quality prekindergarten progam as a part of a “fair, complete, and equal education appropriate for the times.” The Wyoming PTA and Northern Arapaho Tribe filed an amicus brief in support of plaintiffs' prekindergarten claim.

Statutes, Regulations and Guidance Documents on State Preschool Program

Wyoming Statutes (Wyo. Stat.) § 21-4-302, Age for registration in first grade and kindergarten; preschool programs

Provisions Expressing State Policy on Preschool:

Laws 2006, Ch. 64, §4(a)

The legislature finds that:

… (ii) Participation in early childhood development programs frequently results in the earlier discovery and treatment of medical and mental health problems, including hearing disorders, vision problems, learning disabilities and other problems that significantly hinder future learning potential if not diagnosed and treated as early as possible in a child's life;

(iii) There are approximately thirty-seven thousand (37,000) Wyoming children under the age of nine (9) residing in homes where all caretakers are employed full time;

(iv) High quality early childhood development programs have been shown to be particularly effective in significantly improving the lives of children who are at risk because of poverty, family mental health problems, substance abuse problems or because the parent is a teenager, a felon or is absent from the home;

(v) Extensive research demonstrates that quality child care helps provide a foundation for a child's success in life and, in conjunction with other early childhood developmental programs, results in:

(A) Fewer special education and other publicly funded educational and social services later in life;

(B) Decreased drug and alcohol abuse;

(C) Decreased child abuse and fewer contacts with the criminal justice system;

(D) Decreased likelihood of becoming a teenage parent;

(E) Decreased need for welfare benefits;

(F) Higher levels of verbal, mathematical and intellectual achievement in kindergarten through twelfth grade and better academic performance in general throughout their lives.

(vi) Provision of child care is a necessary support for the poor and quality of services is very important for the reasons cited in this section. As a practical matter, quality is indivisible and the only way to improve the quality of child care for children of poor families is to improve the quality for all families.

Eligibility Criteria for State Preschool Program:

Wyo. Stat. § 21-4-302.

. . . (c) . . . The school district may:

. . . (ii) Establish a minimum attendance age for the [preschool] program, but a pupil must have attained at least his third birthday on or before September 15 of the year in which that pupil enrolls. . . .

Program Length/Duration:

Wyo. Stat. § 21-4-302 (c).

The board of trustees of a school district may permit the enrollment of pupils in a part-time preschool program ….

Scope of State’s Responsibility to Provide Preschool:

Wyo. Stat. § 21-4-302 (c). The board of trustees of a school district may permit the enrollment of pupils in a part-time preschool program . . . . The school district may:

. . . (iii) Provide, or contract with, an outside organization to provide, technical assistance, including occasional classroom instruction regardless of the regularity of such occasional classroom instruction, to preschool programs. Technical assistance may be provided to preschool programs on the basis of location, date of application for such assistance by a program, random selection of a program, or family income, home location, eligibility for a federal program or other socioeconomic characteristics which correlate with risk for unsuccessful academic performance of pupils attending the program. No preschool program shall be required to receive such technical assistance. . . .

Scope of State's Responsibility to Fund Preschool:

Wyo. Stat. § 21-4-302 (c). . . . a part-time preschool program funded by the district . . . .

. . . (ii) A pupil who enrolls in such a preschool program shall not be included within the district's average daily membership (ADM) for purposes of receiving state funds or within any other school funding formula for purposes of receiving funds from the state, unless the pupil has attained the minimum age for registration in kindergarten as provided in subsection (b) of this section . . . .

   (iii)  . . . A district shall not receive any additional financial assistance from the state if the district chooses to provide technical assistance to a preschool program under this paragraph. . . .

Source of Funding for Preschool Program:

None.

Scope of Child's Right to Attend Preschool:

Wyo. Stat. § 21-4-302 (d). A program shall not discriminate in enrollment on the basis of sex, race, religion or national origin.

Curriculum Content Standards for Preschool Program:

Wyo. Stat. § 21-4-302 (c). The board of trustees of a school district may permit the enrollment of pupils in a part-time preschool program with a curriculum based on developmentally appropriate practices ...

The Wyoming Department of Education has developed Early Childhood Readiness Standards. These standards cover the areas of language, literacy, social and emotional development, approaches to learning, mathematics, science, physical health and development and creative arts.

Teacher Certification/Qualification Standards for Preschool Program:

None.

Other Quality Standards for Preschool Program:

None.

Delivery of Preschool Services:

Wyo. Stat. § 21-4-302(c). . . . The school district may:

   (i) Contract with a preschool program to operate the preschool. The program may use school district facilities or facilities which are provided by others and may utilize the services of personnel who are not school district personnel and which are provided by others . . . .

Requirements for Student Assessment and Program Evaluation:

Wyo. Stat. § 21-4-302 (e).  A school district which provides a preschool program under subsection (c) of this section biennially shall assess, through the fourth grade when practical, the school readiness and academic performance of pupils who participate in the program as compared with those who do not participate in the program. The district shall report the results of the assessment to the department of education and the department shall report the results to the joint education interim committee of the legislature on or before October 1 of each even numbered year. The results of any assessment required by this subsection shall be open for public inspection.