A big boost in state funding for schools has convinced the Wyoming School Boards Association to partially withdraw from long-standing litigation against the state, the association announced Wednesday.

The Legislature gave districts enough money to significantly raise teacher pay and improve instruction, said association president Monty Wardell of Lovell. The spending improved morale in his district and brought in a big pool of qualified teaching applicants, he said.

The association will, however, remain in the lawsuit to address what members see as problems paying for school buildings and other facilities. For example, Wardell said it took four years for his district to get funding for a new track.

Wardell said the association would consider withdrawing altogether if good progress is made next year on paying for school facilities.

Other plaintiffs in the case are the Wyoming Education Association and 32 individual school districts. The teachers' union said it would not withdraw and it was not immediately clear how school districts would respond.

State officials have been urging plaintiffs in the case to negotiate rather than litigate.

State schools superintendent Jim McBride said he was pleased by the decision and looks forward to meeting with the school boards association to discuss unresolved issues.

"I am glad that the WSBA agrees that the Wyoming Legislature carefully examined and supported the needs of our districts," McBride said in a written statement.

Gov. Dave Freudenthal called the association's decision "excellent."

Freudenthal said the litigation has had some positive effects on the school funding system, but added, "I thought it went on longer than it needed to."

Any remaining issues would best be resolved outside of court, he said.

"I think it is reflective of discussions we've had over the last few years and is intended I think to demonstrate good faith on the part of the school boards association," Freudenthal said. "Collectively we put an immense amount of money into education this last session. There are still areas to be worked out that can best be worked out outside the courts."

Those include the question of whether the billion-plus state school budget is properly divided among districts and programs, he said.

That question is important enough to the Wyoming Education Association that its attorney said the union will stay in the lawsuit.

"The case is not about a total dollar amount," Patrick Hacker said.

Rather, the union wants the state to fund schools in a way that remains fair even as state and local economies fluctuate in coming years. Also, districts need more for vocational programs and classroom space, he said.

"It needs to work for all the districts, all the time," Hacker said.

Freudenthal said that's also one of his goals but that regularly scheduled updates to the new funding model ought to take care of it.

About the school board association's decision, WEA attorney Hacker said, "I don't think it's going to alter the course or the nature of the litigation. Their participation was valued. It won't alter either the issues, the outcome or anything else. I would say it simply affects the ability of that organization to have input."

Dr. David Fall, chairman of the board of Campbell County School District 1, a plaintiff, said the board has not discussed withdrawing from the case but could do so.

"I just can't believe we can't put this to rest this year since the Legislature did such a good job," Fall said.

Boyd Brown, associate superintendent in the district, said the district still has issues with the adequacy of school facilities the state funds.

The case is on appeal to the Wyoming Supreme Court - the fourth time a school finance case has gone to the high court since 1980. A date for oral argument has not been set, attorneys said.

Laramie County District Judge Nicholas Kalokathis ruled in January that the state School Facilities Commission hadn't repaired some schools in a timely manner, but did not call for an overhaul of the state funding system, and said some of the problems might be worked out in this year's legislative session.

Reach Barbara Nordby at (307) 266-0633 or at barbara.nordby@casperstartribune.net.