School board authority in Wyoming

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Wyoming state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Wyoming law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Wyoming law on school boards' authority over district policy. This section features the statutes in Wyoming law that establish, enable, or define local school district boards.
- Constraints on Wyoming school boards' authority. This section provides an overview of constraints on the school boards' authority in Wyoming. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Wyoming compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Wyoming.
School board authority over district policy in Wyoming
Enabling or authorizing statute for the boards of school districts in Wyoming
- See also: Enabling statute
Wyoming Statute 21-3-101 through 21-3-104 creates different types of school districts and gives them authority to operate according to state law:[1]
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Wyoming school boards' powers and duties
Wyoming public school boards of directors are given over 80 specific duties or powers to administer the public schools in the Wyoming. Wyoming Statutes 21-3-110 details duties that school boards are required to perform and Wyoming Statutes 21-3-111 lists authorities that school boards may exercise at their discretion.
Some required duties of school boards include:
- considering every petition submitted to the board that has been signed by at least 5 citizens of the school district,
- providing an educational program for the schools that complies with Wyoming statutory requirements,
- creating and implementing a teacher evaluation system,
- adopting a student assessment system, and
- creating policy and training procedures regarding the use of seclusion and restraint in schools.
Some discretionary duties of school boards include:
- employing and deciding the salaries of superintendents, principals, teachers, and other employees,
- firing employees of the district,
- providing for school lunch programs,
- creating a school bus driver training program,
- collecting fingerprints from employees that may have access to minors, and
- creating an adult education program
The full list of powers and duties school district boards are charged with in Wyoming Statutes 21-3-110 and 21-3-111 is as follows:[1]
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Constraints on Wyoming school boards' authority
This section tracks constraints on school boards specific to Wyoming as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Wyoming school boards' authority by topic
This section features constraints on Wyoming school boards' authority on policies related to the following topics:
Curriculum requirements
Wyoming requires the following specific topics to be included in each district's curriculum:[3][4]
- reading and language arts,
- social studies,
- mathematics,
- science,
- fine and performing arts,
- physical education,
- health and safety,
- humanities,
- career and technical education,
- world cultures and languages,
- government and civics,
- Wyoming state constitution,
- US constitution,
- computer science,
- problem solving,
- interpersonal communications,
- computational thinking,
- computer applications,
- critical thinking,
- creativity,
- life skills, and
- personal financial skills.
Curriculum restrictions
Wyoming state law prohibits instruction promoting what it defines as institutional discrimination. The text of state law is as follows:[5]
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9-25-101. Definitions. (a) As used in this section: (i) "Diversity, equity or inclusion" means any program, activity or policy that promotes differential or preferential treatment of individuals or classifies individuals on the basis of race, color, religion, sex, ethnicity or national origin; (ii) "Governmental entity" means the state, any department thereof, the University of Wyoming and any county, city, town, school district, community college district, other political subdivision and other public corporation of the state; (iii) "Institutional discrimination" means any of the following concepts: (A) That any race, color, religion, sex, ethnicity or national origin is inherently superior or inferior; (B) That a person should be discriminated against or adversely treated because of the person's race, color, religion, sex, ethnicity or national origin; (C) That the moral character of a person is determined by the person's race, color, religion, sex, ethnicity or national origin; (D) That because of a person's race, color, religion, sex, ethnicity or national origin the person is inherently racist, sexist or oppressive, whether consciously or subconsciously; (E) That by virtue of a person's race, color, religion, sex, ethnicity or national origin, the person is inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity or national origin; (F) That fault, blame or bias should be assigned to members of a race, color, religion, sex, ethnicity or national origin, on the basis of race, color, religion, sex, ethnicity or national origin; (G) That any person should accept, acknowledge, affirm or assent to a sense of guilt, complicity or a need to apologize on the basis of the person's race, color, religion, sex, ethnicity or national origin; (H) That meritocracy or certain traits including a hard work ethic are racist or sexist. (b) No governmental entity shall: (i) Engage in any diversity, equity or inclusion program, activity or policy; (ii) Engage in institutional discrimination; (iii) Require instruction promoting institutional discrimination; (iv) Require any student, employee or contractor to attend or participate in any diversity, equity or inclusion program or training or any institutional discrimination program or training. [2] |
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Book bans, removals, and restrictions
Wyoming school boards have the authority to remove books from school libraries.[7]
In her letter regarding library materials, Wyoming State Superintendent of Public Instruction Megan Degenfelder wrote the following:[7]
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Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[8][9][10]
Parental notification
Ballotpedia could not identify any parental notification requirements in Wyoming statutes, regulations, case law, or collective bargaining agreements.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[12]
Discipline
Wyoming is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Wyoming Statutes 21-4-308 is as follows:[13]
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School board elections
- See also: Rules governing school board election dates and timing in Wyoming, How does Wyoming compare to other states on school board authority over election timing?
Wyoming is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Wyoming.
Public school choice and open enrollment
- See also: School choice in Wyoming
Intradistrict school choice is voluntary under Wyoming state law. School districts may admit students from another district, but will not be required to if, for example, they determine that the admission would cause overcrowding or if the student was suspended or expelled in another district. Wyoming statutes did not address interdistrict school choice as of February 2025:[15]
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Charter schools
- See also: Charter schools in Wyoming, How does Wyoming compare to other states on school board authority over charter schools?
Wyoming is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
Wyoming school boards have the authority to approve charter schools, but are not the only entities that can do so. For example, the charter can be granted by the state loan and investment board.[16]
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Cellphone bans
Wyoming is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[17][18]
Wyoming school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, state statute mandates that the district evaluate teachers and establishes certain requirements. In addition to these requirements, the negotiated agreement between the Laramie County School District and the Cheyenne Teachers Education Association requires the district to evaluate based on certain criteria and requires the district to make its evaluation policies available to certificated staff.[19]
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Parents' bill of rights
Wyoming is one of 26 states that has a Parents' Bill of Rights.
The statute holds that parents have the fundamental right to the care, custody, and control of their child, among other provisions. The text is as follows:[20]
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How does Wyoming compare to other states?
This section compares Wyoming's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[21]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Wyoming adopts ban on diversity, equity, or inclusion programs, instruction (2025: Wyoming Governor Mark Gordon (R) signed House Bill (HB) 147 on March 4, 2025, to prohibit what the bill defined as institutional discrimination. It prohibited any governmental entity, including school districts, from providing instruction promoting concepts involving it's definition of institutional discrimination. The bill was effective July 1, 2025.[22]
- Wyoming Ed Department issues AI guidance (2024): The Wyoming Department of Education issued guidance to encourage local school districts to adopt AI use policies on July 15, 2024. The guidance, issued by Superintendent of Education Megan Degenfelder (R), encouraged school districts to adopt policies surrounding AI that help schools realize community goals while mitigating what the guidance called the risks of AI use. The guidance contended that the "key areas of technology policy to ensure compliance with are privacy, data security, student safety, data transfer and ownership, and child and youth protection." The purpose of AI use in schools is "to serve existing goals, such as promoting student and staff well-being, enriching student learning experiences, and enhancing administrative functions," according to the text of the guidance.[23]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
- Ballotpedia:Index of Contents
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Footnotes
- ↑ 1.0 1.1 1.2 1.3 Wyoming Legislature, "TITLE 21 - EDUCATION," February 27, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Case Text, "Wyo. Stat. § 21-9-101," February 27, 2025
- ↑ Case Text, "Wyo. Stat. § 21-9-102," February 27, 2025
- ↑ Legiscan, "Wyoming House Bill 147," accessed July 9, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ 7.0 7.1 edu.wyoming.gov "Letter From Superintendent," February 27, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Justia Law, "WY Stat § 21-4-308 (2022)," February 27, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Justia Law, "WY Stat § 21-4-502 (2022)," February 27, 2025
- ↑ Jusita Law, "WY Stat § 21-3-304 (2022)," February 27, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ National Council on Teacher Quality, "Negotiated agreement between the Board of Trustees of Laramie County School District Number One and the Cheyenne Teachers Education Association," February 27, 2025
- ↑ Case Text, "Wyo. Stat. § 14-2-206," February 27, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Legiscan, "Wyoming House Bill 147," accessed July 9, 2025
- ↑ Wyoming Education Department, "Guidance for Wyoming School Districts on Developing Artificial Intelligence Use Policy," July 25, 2024