LCSD1 trustees vote to join WEA lawsuit, approve most policy changes

Oct. 5—CHEYENNE — The Laramie County School District 1 Board of Trustees voted Monday evening to join the Wyoming Education Association's lawsuit against the state, alleging it has negatively affected the state's largest school district by failing to adequately fund education.

Board members voted on the measure following an executive session, during which student suspensions and expulsions were also discussed. Trustee Alicia Smith appeared to be the only "no" vote.

Trustee Christy Klaassen recused herself from the vote due to a conflict of interest. Her husband, Mark A. Klaassen, is a deputy attorney general with the Wyoming Attorney General's Office, and is representing the state in the WEA lawsuit.

The motion to join the lawsuit echoes claims by the WEA that the state has violated the Wyoming Constitution, causing the quality of education to suffer.

LCSD1, the motion says, "concurs with (the WEA's) claims against the state, and has additional and distinct claims of educational harm to students resulting from the state's failure to adequately and equitably fund education."

It also says that the state's educational system and "physical facilities with which to carry on the process of education are not currently being funded according to constitutional mandates and governing law, resulting in harm to this district."

According to the motion, the decision to join the litigation came after the board "diligently exhausted all potential means to resolve this conflict without pursuing legal action, including communicating with state agencies, and elected representatives of the Wyoming Legislature, advocating for the Legislature to fully fund K-12 education, state funding to address the district's facility needs, and exploring all possible options under the district's authority to secure funding for the replacement, renovation, repair and maintenance of school facilities."

Such efforts "have proven unsuccessful," the motion says.

It was unclear Tuesday which other school districts have joined the lawsuit, although the motion says "other similarly situated districts throughout Wyoming have also authorized litigation against the state." Sweetwater NOW last month reported that Sweetwater County School District 1 had done so.

WEA President Grady Hutcherson provided a statement to the Wyoming Tribune Eagle on Tuesday following the LCSD1 Board of Trustees' vote.

"School districts across the state are grappling with students being negatively impacted by underfunding — districts bring a unique perspective about what their students need," the statement read. "Districts are trying to meet students' needs, and they need adequate funding to accomplish that. WEA applauds Laramie County School District 1's willingness to join the suit and tackle the longstanding, pervasive underfunding of our public schools."

When reached for comment, Michael Pearlman, spokesman for Gov. Mark Gordon, referred to a comment the governor's office provided when the initial lawsuit was filed:

"Over the past few years, Wyoming has had to make record cuts to almost all services other than K-12 education. So it is unfortunate that this lawsuit comes at this time, especially considering that the work of the governor's education initiative — RIDE — is in full swing. It is his hope that this lawsuit will not distract from this important effort to determine exactly what it is that the Wyoming people want their education system to deliver — a key element of school funding.

"While the governor recognizes that a thorough examination of our K-12 funding system may be necessary, he would prefer to work on that outside of the courts. Strengthening Wyoming's education system to meet the needs of students, and attracting and retaining the families that make up the fabric of its communities is critical to Wyoming's future. That said, the attorney general is defending Wyoming's interests in the courts."

The WEA filed the lawsuit in Laramie County District Court on Aug. 18. The state filed a motion to dismiss the lawsuit on Sept. 12, and a hearing on that motion is set for 2 p.m. Nov. 7 before Laramie County District Judge Peter Froelicher.

Policy changes

Also on Monday, the school board voted unanimously to change several policies regarding governance and operational powers and duties of the board, as well as the policy review process.

Specific amendments had been proposed to update election and meeting procedures, update the process for policy review, update the process for hearings in front of LCSD1 trustees, streamline and reduce the number of rules, clarify reporting procedures for discrimination and delete obsolete programs. A 45-day review period for these policies ended Friday.

Almost all of the changes were approved by the board, save for a proposal to do away with the board's Policy Advisory Committee in Chapter 2, Section 11. This is a group made up of the superintendent, faculty, administrators, teachers and parents, who are expected to research proposals and then decide whether to recommend their adoption to trustees.

Some of the trustees and members of the public voiced concerns or questions about replacing the Policy Advisory Committee with a process that seemed to be less clear.

After changes to that section did not pass Monday night, it will be up for further discussion among trustees, review by legal counsel and another round of public comment, LCSD1 Superintendent Margaret Crespo told the Wyoming Tribune Eagle on Tuesday.

Crespo told the WTE last week that the elimination of this committee would allow a chance for more and different stakeholders to provide feedback on policies. Proposals for amendments, deletions or additions could be made by a member of the board, the superintendent, parents, students or district employees.

"A careful and orderly process will be used in examining the policy proposals prior to any action," the amendment to Chapter 2 stated. "The board will take action after hearing the recommendations of the superintendent and the viewpoints of persons and groups affected."

Two school board candidates, Rene Hinkle and Todd Reynolds, spoke up to criticize the rule changes. Hinkle, a local physician, is running for an at-large seat on the board. Reynolds, an educator and former LCSD1 teacher, is vying for an Area 3 position, one of three location-based seats that will be new to the board following next month's elections.

Reynolds, and later Hinkle, urged the board to reconsider doing away with the Policy Advisory Committee.

Reynolds took issue with the proposed language, saying the words "careful and orderly process" are "ambiguous, leaving the participation of stakeholders up to the whim of the board or the person chosen to write the policy."

Hinkle also expressed her disagreement with the board's plan to no longer "strictly adhere" to Robert's Rules of Order, and instead "use such rules as general guidelines of conduct and meeting procedures," as outlined in the proposed policy changes.

"I think that's a huge mistake, and I think that will lead to chaos at the board meetings," Hinkle said. She said she believes not following Robert's Rules will create even more conflict between the board and the public regarding transparency.

Amy Pauli, legal counsel for LCSD1, said at the meeting that adhering strictly to Robert's Rules "can also work the other way," allowing those with a greater understanding of these rules to potentially take advantage of them. She said moving away from Robert's Rules will provide the board with more "flexibility," and boards in other places have started to adhere less strictly to them without negative results.

Trustee Marguerite Herman said the board had always followed a "modified" version of Robert's Rules, and the rule change simply put the policy in line with current practices.

To see the changes in Chapter 1, go to tinyurl.com/3835dexr. For Chapter 2, go to tinyurl.com/2p9539c4.

The 45-day review period began Tuesday for changes to Chapter 7 that would update and clarify policies surrounding special education for disabled students. Public comment on these proposed changes will be accepted until 4 p.m. Dec. 2, and should be addressed to Darlene Davis in the superintendent's office, 2810 House Ave., Room 130. Davis can be reached at 307-771-2121 or darlene.davis@laramie1.org.

Contract dispute

The last item on the board's agenda Monday evening was a vote on an amended contract for Superintendent Crespo, which is an annual task undertaken by the board.

Before a vote was taken, Trustee Klaassen made a motion to delay the contract's approval until after the November election. She said this would be "to ensure that we are not making decisions for a board that could look very different from how we look in 40 days or less."

Klaassen proposed that the vote instead happen on Jan. 23, 2023.

Trustee Herman called the delay "a particularly poor idea." Herman said it was the current board's responsibility to approve Crespo's contract, given that its current members have had the experience working with Crespo that is necessary to evaluate her performance.

Trustees Tim Bolin and Rich Wiederspahn also spoke out against Klaassen's motion, echoing Herman's comments. Trustee Alicia Smith supported the motion and said she shared similar concerns.

Board Chairperson Rose Ann Million Rinne said she "did not see (Klaassen's motion) coming in any of the discussions that we've had." The board was "very deliberate" in its evaluation of Crespo, and that it was "one of the most extensive evaluations" of a superintendent the board has done, she said.

Rinne added that Crespo has been "incredibly cooperative" throughout the process.

"I am very proud of this board and that evaluation and the work that Dr. Crespo's done. I think (a delay) would be a terrible disservice to Dr. Crespo and this board," Rinne said. "We hired her, we've been working with her side by side. ... She has built and made changes in this district that needed to be made and is addressing whatever comes her way, so I would totally reject any discussion or vote on not approving her contract at this time."

Klaassen's motion failed, with most of the board members voting against it.

Ultimately, Trustee Smith was the only "no" vote against approving Crespo's contract.

Hannah Black is the Wyoming Tribune Eagle's criminal justice reporter. She can be reached at hblack@wyomingnews.com or 307-633-3128. Follow her on Twitter at @hannahcblack.