Wyoming: SJR 4 clears committee, would limit judiciary’s power in K-12 finance suits; courts could declare legislature violated constitution but could not order any action to generate revenue to pay for schools

As discussed here, a constitutional amendment to strip state courts of power in K-12 funding lawsuits have not advanced out of the Senate Education Committee.

SJR 4 contains three key sections.

  1. The legislature alone is to decide funding levels and to “rationally determine” what those levels are.
  2. The legislature alone is to equitably allocate funding among the school districts in order to have adequate, thorough and efficient schools.
  3. The judiciary may declare a system of public school funding in violation of the constitution, but cannot order the legislature to take any action to generate revenue, through taxation or otherwise in order to fulfill its duties to fully fund the public school system.