NCOSEA Voice: Understanding the Why behind Rules Governing State Board Business

As I write this, Wyoming, like many states, is at the tail end of its 2023 legislative session. But as a lawyer in an independent attorney general office, my thoughts turn to what comes next.

The first is obvious: the regulatory changes that the newly enacted legislation requires. Agencies must plan rules for new programs and changes to existing ones based on legislative amendments. Wyoming’s laws are usually effective July 1 after the session, so rulemaking must begin far earlier. Even if no rules are required, new laws require interpretation and construction. After all, they are often drafted or amended—or both—in a hurry, and sometimes the full implications are not apparent until they are applied.

The second harbinger of spring I observe is the appointment of new state board members. Members of Wyoming’s State Board of Education are not elected, but rather appointed by the governor. Senate confirmation of the governor’s board and commission nominees is one of the last business items in the legislative session. So each spring, I help new board members adjust to their roles.