Wyoming

State constitutional guarantees regarding right to education

Article 7 of the Wyoming State Constitution (Constitution of the State of Wyoming. ) declares that education is essential to the maintenance of constitutional rights and responsibilities. It obligates the legislature to provide for a “thorough and efficient system of public instruction.” However, there is no explicit constitutional right to education – the language frames education as a state responsibility, but not a guaranteed endorsement. 

Case law and legislative history defining and interpreting the right to education

Washakie County Sch. Dist. No 1. v. Herschler, 606 P.3d 310 (Wyo. 1980) (Washakie County School Dist. No. One v. Herschler (1980) WY 5 606 P.2d 310.) – case held that the state’s school-finance system at the time produced impermissible disparities across districts and was subject to constitutional attack. The decision framed wealth-based classification in school finance as suspect when they affect access to education. This case was the origin point for Wyoming’s modern school-finance jurisprudence.

Campbell County School Dist. v. State (1990s through 2008) (State v. Campbell County School District (2001) WY 32 P.3d 325.) – these cases developed and reinforced Washakie decision above: the Wyoming Supreme Court has repeatedly held that the state constitution imports obligations on the Legislature to provide an adequate, uniform system and has applied heightened scrutiny to funding schemes that create inequities. The court in subsequent Campbell rulings descried education as a fundamental right and subjected school-finance classifications to strict review in some parts of the litigation.

Natrona County School Dis. No. 1 v. Ryan (1988) (Natrona County School Dist. No. 1 v. Ryan (1988) WY 139 764 P.2d 1019.)  – the Court has enforced statutory/constitutional duties to specific populations when statutory frameworks require services. These cases are useful when looking at discrete educational-services obligations.

Recently (2024-2025) (Court finds Wyoming unconstitutionally underfunded K-12 schools; lawmakers, governor react | Local News | wyomingnews.com. )  – multiple new suits and trial rulings challenged Wyoming’s funding system (e.g. Laramie County District Court issued a lengthy opinion finding the state’s school funding unconstitutional and ordering remedies). Additionally, other cases have produced preliminary injunctions halting aspects of vouchers/ESA programs pending constitutional revolution. These developments show the caselaw is active and that Article 7 arguments continue to succeed in trial courts and to draw appeals.

State constitutional protections regarding non-discrimination and equity

Article 1, Section 3 – While Wyoming’s Constitution does not have a standalone “equal protection clause” like the 14th Amendment in the U.S. Constitution, it does refer to equality in provisions related to privileges and immunities and judiciary powers. This section establishes that all courts derive authority from the “people, by and under the constitution” and affirmatively restricts legislative power – not direct anti-discrimination provisions. Note, there is no express clause in Wyoming’s Constitution stating that “no person shall be discriminated against based on race, gender, etc…” like some other states have. Additionally, Wyoming does not have a state-level Equal Rights Amendments guaranteeing quality across all genders.

Other relevant state constitutional civil rights protections

Relevant Wyoming’s constitutional highlights include: (i) Freedom of Speech and Press; (ii) Freedom of Religion; and (iii) Privileges and Immunities, among others. Wyoming offers the following state-specific protections beyond usual with respect to (i) privacy interests; and (ii) civic and voting rights.

State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

Wyoming generally enforces these protections via federal law – that means the schools and public programs in Wyoming are typically required to comply with such federal programs, rather than through duplicate state-level laws.

Statutory protections in Wyoming tend to be broader to operate through different frameworks:

1. Wyoming Human Rights Act (WHRA) (State Statutes & Constitution.)  – prevents disability-based discrimination in places of public accommodation, employment, housing, and public services. This could include entities like schools, although it is not focused exclusively on education.

2. Wyoming’s statutory special education framework (WY Chapter 7 Rules Students with Disabilities.)  – this is rooted in compliance with the federal “Individuals with Disabilities Act” which imposes education specific obligations, but requires the same to be implemented through federal requirements rather than restating them at the state level.

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

No additional state civil rights protections that go beyond federal requirements. Protection for these classes is afforded under federal law. Plaintiffs may pursue such claims under federal statutes and doctrines.

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

None – plaintiffs may pursue such claims under federal statutes and doctrines. 

Anti-discrimination protections under state human rights statutes

Under Wyoming’s Fair Employment Practices Act (WFEPA) (Wyoming Statutes Title 27, Chapter 9 (2024) - Fair Employment Practices :: 2024 Wyoming Statutes :: U.S. Codes and Statutes :: U.S. Law :: Justia. ) and the Wyoming Human Rights Act (WHRA), non-federal employers are prohibited from discriminating against employees or applicants based on race, color, religion, national origin, sex age (40+), disability, pregnancy and genetic information. The WHRA also includes marital status and sexual orientation.

The Department of Workforce Services’ Labor Standards Office (Labor Standards - Wyoming Department of Workforce Services. )  enforces the WEFPA, while the Wyoming Human Rights Division enforces the WHRA. Both allow complaint filing and offer remedies like back pay, emotional distress damage and attorney’s fees.

Wyoming’s statewide statutes do not explicitly protect individuals from discrimination based on gender identity and these protections are limited regarding sexual orientation outside employment. 

As of July 1, 2025 – Wyoming enacted HB 72 (2025 - HB0072. ) – the “Protecting Privacy in Public Spaces Act” which prohibits transgender individuals from using restrooms, locker rooms, or sleeping quarters that align with their gender identity in many state-run and public facilities.

Private right of action provisions under state civil rights and human rights statutes

Individuals do not have a private right of action to sue directly in court under state law. Claims must first be filed with the relevant state agency – Labor Standards Division or Human Rights Division.

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

The Wyoming Fair Employment Practices Act (WFPA) and the Wyoming Human Rights Act (WHRA) focus on disparate treatment. However, they do not expressly address or prohibit disparate impact. Both the WFPA and WHRA prohibit employers from treating individuals less favorably because of protected characteristics like race, sex, age (40+), disability and sexual orientation. 

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

For issues involving discrimination in K-12 education, Wyoming defers largely to federal law, including: Title IX, IDEA, Section 504 of Rehabilitation Act and ADA. Under the foregoing frameworks, it is typically the parent or legal guardian – not the student directly.

Wyoming Department of Education’s Dispute Resolution System for IDEA violations is designed for families, with parents or guardians filing complaints and pursuing mediation, state complaints, or due process hearings.

Wyoming’s non-discrimination policy (per the Department of Education) encourages parents, staff and students to report incidents of discrimination. However, formal processes are typically driven by parents or guardians, not the student alone.

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

Yes, in the employment context. Under the Wyoming Fair Employment Practices Act (WFPA) and Wyoming Human Rights Act (WHRA), it is illegal for an employer to retaliate against someone for: (i) filing a discrimination complaint; (ii) participating in an investigation; and/or (iii) opposing discriminatory practices. 

However, Wyoming does not have a state level K-12 education civil rights law with its own retaliation provision. Retaliation protections in schools primarily come from the federal laws cited above.

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

See Section 1-3-105 of Wyoming Code: “Limitation Period for Civil Actions” (Wyoming Statutes § 1-3-105 (2024) - Actions Other Than Recovery of Real Property. :: 2024 Wyoming Statutes :: U.S. Codes and Statutes :: U.S. Law :: Justia. ) – which applies to state civil rights complaints broadly, including a general statute of limitations that does not specifically address time for filing education-related civil rights or discrimination complaints. The statute of limitations for claims based on specialty or written contract, agreement or promise is 10 years and for oral contracts or arising from liability created by a statute is 8 years.

Are there areas where the state laws provide more protections than federal law? What are those areas? 

Wyoming Human Rights Act (WHRA) – protects against employment discrimination not only on the federally protected bases, but extends to martial status. Federal law does not explicitly state “martial status” as a protection, so this is considered a Wyoming specific expansion.

Pregnancy – this is covered federally, but Wyoming’s WHRA explicitly includes pregnancy, childbirth, and related medical conditions in its definition of sex discrimination.