As one of the oldest departments in state government, the Department of Education began in 1869 with the enactment of Chapters 4 and 7 of the Session Laws of the Territory of Wyoming. These laws allowed for a public school system, and called for the Territorial Auditor to act as ex-officio Superintendent of Public Instruction. The laws laid the groundwork for a system of public education based at the county level and led by the County Superintendents of Schools. The laws involving education changed little during the territorial years, with the exception of the Territorial Librarian becoming ex-officio Superintendent of Public Instruction in 1873.

The Wyoming State Constitution (1890) made the Superintendent of Public Instruction an elected official, and it remains that way today. Article 7 of the Constitution directed the State Legislature to provide for a uniform education system, including free elementary schools and a university with technical and professional departments. The article also provided for public school revenues and restrictions on their use, permanent educational fund, and prohibition of discrimination among pupils, sectarian instruction, and legislative control over textbook selection.

Since statehood, the legislature enacted many significant laws affecting public education in the state and the Superintendent of Public Instruction. In 1895, the legislature authorized school districts to establish public kindergartens, and manual and industrial training programs in high schools. The 1905 laws ensured free high schools and the organization of high school districts. In 1907, student attendance became compulsory for children ages seven to fourteen. That same year, the legislature created the State Board of Examiners to certify teachers.

Ten years later, the State Legislature created the Wyoming State Department of Education, administered by the State Board of Education. Also in 1917, Chapter 99 facilitated state receipt of federal funding under the Smith-Hughes Act, passed by the U.S. Congress to foster vocational education in the states. In 1919, the legislature assigned general supervision of the public school system to the Superintendent of Public Instruction, and addressed the special education needs of physically and mentally disabled children.

The next major legislation occurred in 1935, when lawmakers addressed the issue of equalizing funding among public schools. The act established a School Equalization Fund and charged the Superintendent of Public Instruction to develop a formula to ensure fair and equitable distribution of equalization funds. In 1955, the legislature again addressed equitable school finance. The act, Foundation Program for the Public Schools, consolidated state financing of the public schools into one program, and established eligibility standards for sharing in the funds by basing funding on classroom units.

The passage of the National Defense Education Act in 1958 by Congress, as a response to the Soviet Union's entry into space, ushered in new responsibilities for the department. The national law brought a large infusion of federal funds and increased responsibility for the department. Congressional enactment of the Elementary-Secondary Education act of 1965 further increased the department's work in distributing federal monies.

With the adoption of Chapter 111, the Wyoming Education Code of 1969, lawmakers significantly changed public education in Wyoming and placed additional responsibilities on the superintendent and the department. The act provided for comprehensive codification and revision of school laws concerning the operation and financing of the public school system, and it brought about massive reorganization of the state's school districts.

Issues over school finances and fund distribution continued to plague the department. From 1971 to 1995, the courts dealt with numerous lawsuits involving school funding. The Wyoming State Supreme Court's decision in the 1995 case, Campbell County School District v. State, which declared the school finance system unconstitutional, greatly impacted the Department of Education. The 1995 decision required the legislature to create new laws to address funding and accountability measures in public schools. This matter remains a concern for the legislature and the department.

At nearly every legislative session since 1890, lawmakers passed acts that affected the public schools, the Department of Education, and the Superintendent of Public Instruction.