Archives for category: Wyoming

Wyoming: The Fight Against Vouchers Continues

By dianeravitch
September 12, 2025 //
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Bill Phillis of the Ohio Coalition for Equity and Adequacy in Funding reported on the continuing fight to stop universal vouchers in Wyoming. Every student in the state is eligible for a voucher, regardless of family income. Parents are concerned that their child may be excluded by private schools, such as those with special needs. Parents and teachers sued to block the program, based on the state Constitution. A judge just approved their request to sue.

Phillis writes:

School vouchers have never been supported by a majority of the people of any state in a statewide ballot. Neither are school vouchers currently being approved by the courts. Wyoming judge denies state’s motion to dismiss. In June, EdChoice vouchers in Ohio were declared unconstitutional by Franklin County Court of Common Pleas Judge Jaiza Page.

All states have constitutional provisions for public education. (After the Civil War no state could be admitted into the Union without a constitutional provision for public education.) The plain language of state constitutions require public education available for all, but not private education as a state funding responsibility. Private schools should not expect to be supported by public funds. 

Judge denies Wyoming’s motion to dismiss school voucher lawsuit

Laramie District Court judge finds plaintiffs do have standing to claim harm in lawsuit against the state’s new school-choice program, which remains in limbo.

by Katie Klingsporn

In the latest blow to Wyoming’s controversial universal school voucher program, a judge has denied the state’s motion to dismiss the lawsuit challenging it. 

The Steamboat Legacy Scholarship Act program has been dogged by constitutionality concerns since well before it was enacted into law in March. Educators and parents filed suit in June, and Wyoming’s attempts to advance the voucher payments in the face of the lawsuit have repeatedly failed. 

The program is designed to offer Wyoming families $7,000 per child annually for K-12 non-public-school costs like tuition or tutoring. The scholarship would also offer money for pre-K costs, but only to income-qualified families at or below 250% of the federal poverty level. It was passed amid a wave of school-choice laws, particularly in Republican-led states like Wyoming. 

However, Wyoming’s constitution makes public education a paramount state commitment. Critics of the universal voucher program say spending public funds on private education violates several of the state’s constitutional obligations and have long warned the matter would end up in the courts. 

So far, state gambits to circumvent legal challenges have been unsuccessful. Laramie County District Court Judge Peter Froelicher granted a temporary injunction pausing the voucher program in June, then extended that injunction in July. More recently, he denied a request by Wyoming Superintendent of Public Instruction Megan 

Degenfelder and others to let the law take effect while they challenge the injunction.

In the newest decision, issued Aug. 28, Froelicher denied the state’s motion to dismiss, determining that plaintiffs do have standing to sue. In the order, Froelicher also determined that Wyoming’s State Treasurer Curt Meier, who the lawsuit names, is a valid defendant. The state asked that Meier be dropped from the suit.

Degenfelder, who championed the voucher program as a major school-choice win, has expressed dismay over the lawsuit’s impacts on families who had already applied and were awaiting funds to pay for costs like textbooks, tutoring or private school uniforms for the 2025-26 school year. 

Rocky road 

The universal voucher program represents a major expansion of the state’s 2024 education savings accounts, which offered money to income-qualified students for private school tuition or homeschool costs. 

The 2025 bill transformed that program by stripping income qualifications so that the $7,000 would be available to everyone. 

The bill ignited one of the hottest debates of the recent session. It sparked a deluge of feedback, both from school-choice proponents and critics who called it unconstitutional.

Lawmakers transformed it before it passed out of the Legislature; they brought 26 amendments, including 11 that passed. They also repeatedly questioned the constitutionality of the expanded program. Many urged colleagues to hold off and allow the existing education savings account program to roll out before changing it so drastically. Those requests did not sway the body.

The new program’s application opened on May 15, attracting nearly 4,000 student applications. But in June, nine parents of school-aged children and the Wyoming Education Association, which represents more than 6,000 of the state’s public school employees, sued Degenfelder, Meier and the state of Wyoming.

A previous Wyoming Supreme Court ruling on education funding “found that ‘education is a fundamental right’ in Wyoming, that ‘all aspects of the school finance system are subject to strict scrutiny,’ and that ‘any state action interfering with [the right to equal educational opportunity] must be closely examined before it can be said to pass constitutional muster,’” the lawsuit reads.

This voucher program, plaintiffs assert, does not pass that muster. That’s because “the state cannot circumvent those requirements by funding private education that is not uniform and that meets none of the required state constitutional standards for education.”

In addition, the program is unconstitutional because it violates constitutional language that allows the state to give public funds only for the necessary support of the poor, the lawsuit argues. Instead, it’s an example of “gratuitously funneling public funds to private individuals and entities, regardless of whether they are poor and regardless of whether that support is necessary.” 

Parents who signed onto the case oppose the voucher plan due to the harmful impact it will have on their children, according to the lawsuit, “because private schools receiving voucher funding can refuse admission to children with disabilities … and are not required to provide special education services or comply with [individualized education programs].” They are also concerned that private schools can refuse to admit and educate children who identify as queer, transgender or non-binary.

The voucher program will also negatively impact funding at public schools that the parents’ children attend, the lawsuit says.

By rejecting the state’s motion to dismiss, Froelicher accepts “the individual harms alleged in the complaint as true,” according to his order. 

What’s next 

The Wyoming Attorney General’s office in July appealed Froelicher’s preliminary injunction preventing the Wyoming Department of Education from transferring or paying out funds to participants of the program. 

In a July update on the Wyoming Department of Education’s site, Degenfelder said she is grateful the attorney general appealed to the Wyoming Supreme Court, but informed the public that “the appeals process is still extensive, and, unless the injunction is stayed while the appeal proceeds, may cause the program funds to be unavailable for most of the 2025-26 school year.”

Katie Klingsporn

Katie Klingsporn reports on outdoor recreation, public lands, education and general news for WyoFile. She’s been a journalist and editor covering the American West for 20 years. Her freelance work has… More by Katie Klingsporn

Categories Education Industry, Resistance, Vouchers, Wyoming

Peter Greene: Will Wyoming Pass Vouchers and Throw Rural Schools Under the Bus?

By dianeravitch
December 2, 2023 //
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Peter Greene has been following the debate over voucher legislation in Wyoming, where they have failed until now. Surely some Republicans must be following what happened to vouchers in Texas, where a significant number of Republicans representing rural districts voted them down to protect their community public schools. They knew their schools needed funding, not competition. What states like Wyoming need is a public referendum on vouchers: let the public decide. Could it be that the politicians know that no state referendum on vouchers has ever passed?

Greene writes:

Attempts have been made to sell a school voucher bill in the Wyoming legislature, like the Wyoming Freedom Scholarship Act (because “scholarship” and “freedom” are more popular terms than “voucher”) earlier this year, but they have all failed. Now a new variation on the theme is aiming at a place on the 2024 schedule.

Oddly enough, the bill comes from Speaker of the House Albert Sommers, a Republican who actually helped block the Freedom Scholarship Act. But he thinks this alternate form will work better. Opponents disagree. Actually, some supporters disagreed, too– State Senator Bo Biteman said this new version was too watered down and was a “crap sandwich,” and so, as we’ll see, GOP reps managed to un-water the bill.

Some key features.

The bill runs on $40 million taken from the general fund. Of that $40 million, $12 million (30%) goes to fund preschool education. Because if there’s one technique that voucher proponents have learned, it’s to team up your unpopular voucher plan with something that people want.

The rest of the funding would go to ESA vouchers.
The bill uses the usual foot-in-the-door feature of an income cap for receiving the vouchers. This bill sets the cap at 250% of federal poverty limit, which adds up to $75,000 for a family of four. Median household income in Wyoming is $68,000. One legislator unsuccessfully tried to boost this up to 350% ($105K). At this point, nobody should be fooled by the “we’re just doing this to rescue the poor kids” line, as we have seen multiple states modify their program with ever-increasing caps or simply getting rid of the cap entirely.

With that expansion of eligibility, we keep seeing voucher program costs explode to budget-busting extremes.

Voucher amount would be up to $5,000. According to the website Private School Review, average private school tuition in Wyoming is $8,719 per year.

In one feature that is not common to voucher laws, the bill proposes that the Department of Education would certify vendors eligible to be paid with the taxpayer-funded vouchers. (That was not part of the Freedom Scholarship Act.) But a legislator successfully added an amendment, typical of current voucher law, that the state can’t interfere with the private school’s curriculum or admission policies, meaning that the school could teach religion, flat earth science, creationism, and racial supremacy if it so desired, as well as discriminating against whatever applicants it so desired.

In practice, what that means is that religious schools can accept vouchers while offering religious indoctrination and religion-based discrimination (e.g. the Illinois voucher school that requires families to be born-again Christians)
And another legislator successfully stripped the portion of the bill that voucher-using students had to take the same state tests as public school students. Rep. Karlee Provenza pretty well captured what all these changes mean.

“When we remove that testing standard, we are moving away from saying is government money being well spent?” Provenza said. “We’re not regulating choice, we’re regulating accountability of our state funds.”

True enough, but current voucher theory says that a voucher bill isn’t non-crappy unless it’s stripped of accountability and oversight. So if Wyoming is going to have school vouchers, they should be as unaccountable and unregulated as possible. Kiss those dollars goodbye, taxpayers, and don’t ask where they went or how effectively they were spent. Freedom!

The bill will still have to clear some hurdles, including a state constitution that prohibits the use of “any portion of any public school fund” for private schools (Article 7, Section 8).

Wyoming voucher advocates have struggled with this, and the argument seems to boil down to:

1) Once we hand the money over to the parents, it is transformed into private money and so there’s no problem!

2) Supreme Court thinks public money should absolutely finance the exercise of religion, so if this makes it all the way to SCOTUS, they will be on our side.

So we’ll see. There are unique features to a voucher initiative in Wyoming. For one, funding vouchers by having “the money follow the child” would never fly, because Wyoming schools have wildly different per pupil costs. In 2019-2020, Laramie #1 spent $14,582 per student, but the very rural Sheridan district (90 students) spent $41,176 per student. That means Wyoming is better inclined to fund vouchers separately from public education. They could, in fact, be the first legislature to be honest and say, “We believe in choice so much that we are going to raise your taxes to fund it.”

For another, there’s that state constitution, exactly the same sort of challenge that sank a voucher proposal in Kentucky.

Other state constitutions, such as Florida and Ohio, ban public funding for religious schools, but that has not been an obstacle to GOP politicians.

Categories Accountability, Equity, Extremism, Funding, Privatization, Rural Schools, School Choice, Vouchers, Wyoming

Vox: The Hilarious Reason a Wyoming Judge Blocked New Abortion Law

By dianeravitch
May 30, 2023 //
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VOX reported on a peculiar twist of fate that temporarily saved abortion rights in Wyoming. Last week, Wyoming District Court Judge Melissa Owens blocked the state’s new abortion ban. The reason she did so was because the abortion ban violated an amendment to the state constitution intended to cripple Obamacare that passed in 2012.

This was the second time she blocked the abortion law, based on the amendment’s guarantee of the individual’s right to control their healthcare decisions.

On Wednesday, a judge in the deep-red state of Wyoming temporarily blocked a state law that would make performing nearly any abortion in that state a felony. She relied on a 2012 amendment to the state constitution that was intended to spite then-President Barack Obama.…

Wyoming district court Judge Melissa Owens’s Wednesday decision temporarily halting her state’s abortion ban is the second time she intervened to prevent this ban from going into effect. Wyoming’s abortion ban is quite strict, although it does provide exceptions for rape, incest, or when either a pregnant patient or the fetus has certain medical conditions.

Last summer, shortly after the Supreme Court’s decision overruling Roe v. Wade, an array of patients, doctors, and nonprofit groups brought a suit arguing that Wyoming’s abortion ban violated the state’s constitutional provision protecting each adult’s right to individual health care decisions. That case is known as Johnson v. Wyoming.

Regardless of the political circumstances that led to this amendment being written into the state constitution, Owens reasoned that the amendment “unambiguously provides competent Wyoming citizens with the right to make their own health care decisions,” and she was bound by that unambiguous text. “A court,” she wrote, “is not at liberty to assume that the Wyoming voters who adopted” the amendment “did not understand the force of language in the provision.”

Just as significantly, Owens construed the amendment to give people in Wyoming a “fundamental right” to make their own health care decisions, including the decision to seek an abortion. This designation matters because fundamental rights can only be abridged when the state seeks to advance a “compelling state interest” and when it uses the “least intrusive” means to do so.

So the Wyoming legislature’s effort to hobble Obamacare turned into a shield for abortion rights, at least temporarily.

Categories Education Reform, Health, Humor, Obama, Wyoming

Aaron Blake: Some Republicans Disagree with DeSantis’ Dictatorial Ways

By dianeravitch
March 6, 2023 //
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Aaron Blake of the Washington Post points out that some Republicans don’t like Florida Governor Ron DeSantis’ intervention into everyone’s business to control them. Wyoming is a great example of a state that has refused to join DeFascist’s war against WOKE.

Blake wrote:

A potential flash point in the 2024 GOP presidential race: Conservatives are criticizing Florida Gov. Ron DeSantis (R) and other Republicans for going too farin using the heavy hand of government to combat so-called “woke” entities.

And in Wyoming, the tension between those two approaches has come to a head.

The nation’s least-populous state could be considered its most Republican. In both 2016 and 2020, it handed Donald Trump his largest margin of victory of any of the 50 states, going for Trump by more than 43 points. Republicans hold more than 90 percent of the seats in both of its state legislative chambers.

But recently, the state House has effectively shelved a number of bills resembling proposals that have sailed to passage elsewhere:

  • A school-choice bill that would create a scholarship fund for students to attend private instead of public schools.
  • A bill modeled on Florida’s education bill, dubbed “don’t say gay” by critics, that would ban the teaching of sexual orientation and gender identity in kindergarten through third grade.
  • A bill that would ban state officials from contracting with businesses and investment funds that boycott fossil fuels or emphasize political or social-justice goals.
  • A bill called “Chloe’s Law” that would forbid doctors from providing hormone blockers and gender-affirming surgery to children.

All four have passed in the state Senate. But along the way, they lost GOP votes — a significant number of them, in the first three bills — and now the state House is holding them up.

A big reason? The state House speaker says he believes in “local control” and worries about the broader effects of state government dictating such issues.

Speaker Albert Sommers (R) has used a maneuver on the school-choice and education proposals known as keeping a bill in his “drawer.” In the former case, he noted that a similar measure already failed in the state House’s education committee. And on the latter, Florida-like bill, he argued for a limited role for state government.

“Fundamentally, I believe in local control,” Sommers told the Cowboy State Daily. “I’ve always fought, regardless of what really the issue is, against taking authority away from local school boards, town councils, county commissions. And in my view that’s what this bill does.”

He also argued that the bill was unconstitutional, because legislation in Wyoming must be focused on one topic. This bill would both restrict instruction on certain subjects and implement changes in how much control parents have over school boards. Sommers suggested such proposals “do not come from Wyoming but instead from another state, or they are templates from a national organization.” And he echoed some conservatives in arguing that it was a solution in search of a problem. “This type of teaching is not happening in Wyoming schools,” he said.ADVERTISEMENT

On “Chloe’s Law,” Sommers angered some conservatives by sending the bill to the appropriations committee rather than the labor and health committee. While the bill was being considered, some Republican legislators warned the bill would undercut counseling and mental health care for transgender youth and could create problems with the state’s federally regulated health insurance plans. The appropriations committee voted against the bill 5-2, tagging it with a “do not pass” designation.

Sommers also sent the fossil-fuels bill to the appropriations committee, and GOP lawmakers expressed worry that the bill would reduce investment in the state and force out large corporations and financial institutions.

These tensions come as some conservatives have warmed to the idea of using the government to crack down on so-called “woke” policies and practices in private businesses and in public education. That turn is perhaps best exemplified by DeSantis, who moved to prevent cruise lines from requiring covid vaccinations, prohibit social media companies from banning politicians and strip Disney of its special tax status after it criticized the so-called “don’t say gay” bill. He also has repeatedly involved the government in school curriculum decisions.

Such moves have earned significant criticism not just from some free-market and libertarian-oriented groups, but also from DeSantis’s potential rivals for the GOP’s presidential nomination in 2024.

“The idea of going after [Disney’s] taxing authority — that was beyond the scope of what I as a conservative, a limited-government Republican, would be prepared to do,” former vice president Mike Pence said last week.

“For others out there that think that the government should be penalizing your business because they disagree with you politically, that isn’t very conservative,” New Hampshire Gov. Chris Sununu added in February. He has said that “if we’re trying to beat the Democrats at being big-government authoritarians, remember what’s going to happen.”

Last year, former Maryland governor Larry Hogan called DeSantis’s moves on Disney “crazy” and said, “DeSantis is always talking about he was not demanding that businesses do things, but he was telling the cruise lines what they had to do.”

Former Arkansas governor Asa Hutchinson, too, criticized DeSantis for his proposed changes to Disney’s special tax status (which have since been significantly watered down). In 2021, Hutchinson also took a relatively lonely stand in his state, against the legislature banning gender-affirming care for children.

“While in some instances the state must act to protect life, the state should not presume to jump into the middle of every medical, human and ethical issue,” he said at the time. “This would be — and is — a vast government overreach.”

Hutchinson’s veto was easily overridden by the state legislature. That, and DeSantis’s rise in the GOP, suggest which way the wind is blowing.

But as Wyoming shows — and the 2024 primary could demonstrate — that doesn’t mean the debate within the GOP about the scope of government is settled

Categories Accountability, Bigotry, Censorship, Competition, Corporate Reform, Courage, Democracy, DeSantis, Education Industry, Extremism, Fascism, Florida, For-Profit, Freedom, Wyoming

Wyoming: GOP Legislators Want to Defund Gender Studies in Higher Education

By dianeravitch
March 9, 2022 //
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Now that Republican state legislatures have had their way imposing their personal views on what may or may not be taught in the public schools, they are taking aim at what may be taught in state universities. In Wyoming, the legislature wants to defund gender studies.

Legislation to defund gender and women’s studies at the University of Wyoming has stoked faculty fears about how far lawmakers will go to stop public colleges from teaching courses they don’t like.

The Wyoming Senate voted on Friday to pass a budget amendment that would prevent the university from using state money for its gender and women’s studies program and courses, a move that would effectively eliminate them. While a version of the amendment died in the state’s House and its future is unclear, the mere possibility of its passage has left some Wyoming professors shaken by what they see as an infringement on their academic freedom.

This is censorship, plain and simple. Will they next come after science professors who teach about evolution? Or legal scholars who study critical race theory?

Categories Academic Freedom, Censorship, Fascism, Freedom of Speech, Higher Education, Wyoming