Gov. Mark Gordon lauded a controversial universal school voucher bill Tuesday morning before signing it into law hours later.
House Bill 199, “Steamboat Legacy Scholarship Act,” will represent a significant expansion of school choice in the state, offering families $7,000 per child annually for K-12 non-public-school costs like tuition or tutoring. The scholarship will also offer money for pre-K costs, but only to income-qualified families who are at or below 250% of the federal poverty level.
The legislation has sparked a deluge of constituent feedback, according to lawmakers, both from supporters of school choice and from critics who call the measure an unconstitutional bill that will erode the quality of public education in the state.
Gordon had himself partially vetoed a similar bill last year, citing constitutional concerns. However, he lauded this version as a “remarkable achievement for Wyoming.”
“I’m very excited that we’re not only going to be able to expand K-12 choices to be accompanied by careful oversight and … ensure that all families have access to the best educational options,” Gordon said, “but as we pursue these opportunities, I want to make sure that we uphold the strength of Wyoming’s public schools.”
Bill journey
The law will transform and expand an existing state education savings account program that gives public money to income-qualified families to help them pay for pre-K programs, homeschooling costs or private school tuition. The education savings account program was passed last year and began accepting applicants in January.
House Bill 199 sponsor Rep. Ocean Andrew, R-Laramie, called the 2024 ESA program much too narrow. His new bill proposed to offer up to $7,000 per student regardless of a family’s economic needs. Along with making the program universal, in its original form, the bill dropped: the preschool component, a requirement that participating students take statewide assessments or similar nationwide tests and a requirement that providers be certified by the Department of Education.
The bill has been transformed substantially as it travelled through the Legislature; some 26 amendments were brought, including 11 that passed. Along with changing the name from the Wyoming Freedom Scholarship Act, the final version reinstated the assessment requirements, the provider certification and the inclusion of pre-K, though families have to show income need to qualify for that portion.
It spurred much debate as it traveled through the body, triggering discussion on the state of public education in Wyoming, the constitutionality of the program and the importance of early childhood education. Many lawmakers asked what the rush is, given that Wyoming’s existing ESA program is only two months old.
Those who say the new law is unconstitutional cite Article 7, Section 8 of the Wyoming Constitution, which reads: “Nor shall any portion of any public school fund ever be used to support or assist any private school, or any school, academy, seminary, college or other institution of learning controlled by any church or sectarian organization or religious denomination whatsoever.”
When Gordon partially vetoed the education savings account bill last year, he pointed specifically to constitutional concerns when he narrowed eligibility to families at or below 150% of the federal poverty level. That referenced the constitutional language that prohibits the state from giving money to individuals “except for the necessary support of the poor.”
On Tuesday, he said he’s taken the last year to consider the issue, “and I realize that that will be sort of handled by our courts” if the question is asked. “In the meantime, I think it’s important to remember that we have all been working to try to expand school choice, and this gives that opportunity for parents.”
This comes less than a week after a judge ruled in favor of the Wyoming Education Association and eight school districts in a court case that’s anticipated to have major implications for the state. Laramie County District Court Judge Peter Froelicher ruled the Wyoming Legislature has been unconstitutionally underfunding the state’s public schools and ordered the state to fix that.
Praise and worry
House Bill 199 drew loads of attention — both from local advocacy groups vowing to fight it and from out-of-state groups lobbying for its passage. President Donald Trump even weighed in when he gave kudos to Senate President Bo Biteman for helping to advance the legislation.
“This would be an incredible Victory for Wyoming students and families,” Trump wrote on Truth Social while the measure was still awaiting Senate votes. “Every Member of the Wyoming Senate should vote for HB 199. I will be watching!”
In Wyoming, the hard-right House Freedom Caucus celebrated the signing of the bill, crediting Rep. Andrew for its success. “Finally, we can say that in Wyoming, we support students, not systems,” a Wyoming Freedom Caucus Facebook post read.
Many in the detractor camp, meanwhile, decried Gordon’s action.
“Particularly in light of the extraordinary opposition to the voucher program by the majority of Wyoming’s residents, we are disappointed by Gov. Gordon’s decision to sign HB199 into law,” the Wyoming Education Association said in a statement. The association also questioned the decision’s wisdom following so closely on the heels of the strongly worded ruling.
“The district court’s ruling from only days ago confirmed that the state is not funding public education to the level as it is required, and the choice to take taxpayer dollars to support a voucher program is a curiously poor decision,” the WEA said.
The organization warned that similar laws in other states have proven these types of programs to be vulnerable to waste, fraud and abuse and ineffective in improving student performance.
“Unconstitutional universal voucher programs serve as a taxpayer-funded welfare handout to wealthy families whose communities have access to such schools and whose students already attend private schools,” the WEA said.
During his press conference Tuesday, Gordon characterized the ESA bill passed last year as a generic program.
“I know it’s a big national agenda item,” he said of school choice. “But it’s important to remember that this is Wyoming’s way of doing it. This was created and crafted by people here in Wyoming, not somebody from out of state … and it really meets the needs specifically of Wyoming.”
Reporter Maggie Mullen contributed to this article.
Check out James Talarico. Vouchers are welfare for the wealthy.
You are killing Wyoming’s public schools with this move. What are you thinking Wyoming? I’m so disappointed in you. I thought you had more character than that!!!
For $7,000.00 a year, I could afford to stay out of school and say I was being home schooled. That would give me $28,000 for my four years of high school. Should I thank the Wyoming Freedom Caucus?
Excellent decision to allow parents a voucher credit for the choice of criteria for their childrens mind building. Say good bye to woc agenda of perverted gender description.
Please cite specifically, including source, what you have found to be “woke” in Wyoming public education.
separation of church and state. this is allowing the christian church (whatever that is now) to run the state. i love the idea of the “public school” where we as teachers and administrators take on the task of helping kids learn and grow regardless of faith, race, wealth, socioeconomic factors, power. thats a real challenge. thats a noble cause. handing moneys to the christian community or the wealthy is not a noble cause. its hard to keep kings and christians out of your political and education system. we must try.
Wyoming public schools are about to be seriously underfunded. Consider recent legislation that is all going to hit simultaneously:
– $7000 for every student currently enrolled in private schools going back into the pockets of the wealthy parents instead of to the public school system.
– Reduction of Property Taxes
– The likely dismantlement of the Department of Education
It’s almost like they are trying to create an uneducated population…
thank you for putting this so clearly.
I think this is for Christian Nationalists to indoctrinate children in their religion. It takes money away from public education and rips off taxpayers. Why do we even need this garbage? If they want a private school, pay for it themselves. Trump is ripping us off cutting back on Medicare and now going after social security
This is a huge loss for the majority of Wyoming students and families! Public schools educate ALL students…the gifted, the challenged, the behaviorally disruptive! Private schools are never required to take any student they perceive a poor ‘fit’. Certainly send your child to private school or home school if you choose…but don’t make taxpayers pay for it! Shame on you Freedom Caucus! Where is the oversight on this?
Unconstitutional. QED.
I find it interesting that our state government is all on board with giving parents a 7K allowance per child for alternative schooling, while for the past couple of years they have been withholding $$ to fund public education to a level that was constitutionally mandated. Governor Gordon’s statement “and I realize that that will be sort of handled by our courts” if the question is asked.” The question being whether this is constitutional or not. Nice duck and run Governor! There is something fishy going on here (and it’s not the odor coming from Ocean Andrews food trucks) I can foresee a law suit on the constitutionality of this bill, which has the potential to stall any actions on school vouchers. More taxpayers $$$ spent on poor legislation supported by legislators who are pushing their private agendas. Funding school choice should involve, at a minimum, that $$$ supplied have the same accountability standards as public schools, otherwise it’s just another subsidy pay out. If Trump’s agenda is to support education choice then let the $$$ come from the Federal government and leave the state to oversee public education. A voucher system could be included as a Federal tax deduction or credit.
Help me out with the fiscal note on this one. The $7K per student will rise with the Consumer Price Index, so will be at least $7.4K per student in three years. There is an immediate transfer of $20 million from the Public School Foundation Program (actually from General Fund monies currently allocated for the PSFP) and another $30 million from the General Fund to the Freedom Scholarship Fund (now called the Steamboat Legacy Scholarship fund) to initially pay for this. We are transferring $50 million in public funds to private families to pay them to keep their kids out of public schools. That amount will increase annually to accommodate the number of students who access the “scholarships” and the cost increases as determined by the Superintendent of Public Instruction. There is no upper limit.
Did I get that right?
On a brighter note, several of our legislators noted they had children in private schools or home schooling and they would not access these scholarship funds nor would other parents they know. So there is a savings there….
Dave, I presume that your last paragraph was meant to be sarcastic. Good comment. Thank you
thank you Dave for this. its hard to wrap my head around 50 million to families to keep their kids out of public schools so they can have only christians or only the elite.
Appears to be a welfare based redistribution of wealth. That’s what the commies and socialists would call it. But it’s ok if your team is on the receiving end.
Nothing more than subsidization of ignorance. Just what the human species needs…! Just ask His Majesty, Trumples.
I suppose there is no audit or accountability built into this terrible piece of legislation. How much of this handout will be for “education” versus “lining pockets” will be interesting to see, but we may never be able to find out. Shameful.
A terrible decision to let tax payer dollars go to non-public schools. So obviously unconstitutional but Gordon can’t pass up another opportunity to lick the felon’s boots.
Another way to look at this bill is : People are being forced to support a christian sect. I don’t believe that’s constitutional. I for one don’t want to give money to a cult.
thats right.
And the fabric of community is torn further.
Having personally spoken to a party directly involved in this process, I can tell you the objective behind it. It’s an investment scheme. The hope is that if they are able to lure enough children out of ‘secular’ public schools, they can then educate said children as they see fit and the fruits of those labors will show at the polls. It’s unclear to me what exactly they’re attempting to achieve at the polls, considering the state is already saturated in red.
Gordon said, “This was created and crafted by people here in Wyoming, not somebody from out of state”. Bullshit!
“President Donald Trump even weighed in when he gave kudos to Senate President Bo Biteman for helping to advance the legislation. “This would be an incredible Victory for Wyoming students and families,” Trump wrote on Truth Social while the measure was still awaiting Senate votes. “Every Member of the Wyoming Senate should vote for HB 199. I will be watching!”
It doesn’t surprise me that tRump has no knowledge or respect for any constitution. It doesn’t surprise me that Biteman knows only what he wants to about Wyoming’s Constitution. Gordon, I believe, knows this bill is unconstitutional. I also believe he is politically afraid of felon 47.
More welfare for the wealthy. Seems to be all the rage this year.
I have gladly paid property taxes to fund the PUBLIC schools. And this is when I did not have any family members in those schools. It was for the good of the community.
So – now with the $7000/child going to non-public schools – the WY Legislature should make an exemption for those that do not want to fund non-public schools with our property taxes. Those taxes should stay within the community for the PUBLIC school districts. Think they will? Or change the school taxes to only tax those property owners that have K-12 children?