A judge Tuesday said his temporary halt on a law that would allow state money to fund education at private schools will remain in place while his injunction is appealed to the Wyoming Supreme Court.
District Court Judge Peter H. Froelicher denied a request by Wyoming Superintendent of Public Instruction Megan Degenfelder and others to let the law take effect while they challenge his preliminary injunction.
Degenfelder wants state money to be disbursed while voucher supporters challenge a lawsuit brought by the Wyoming Education Association and others. Wyoming students are set to return to school soon for the fall semester.
The WEA sued Degenfelder, State Treasurer Curt Meier and the state of Wyoming on June 13, claiming that the Steamboat Legacy Scholarship Act violates the Wyoming Constitution by allowing public funds to be used for private education for more than just the needy.
“Defendants and Intervenors failed to show they are likely to succeed on appeal.”
Judge Peter Froelicher
Degenfelder and intervenors Nicolette and Travis Leck and Victoria Haight argued that they were likely to win their appeal and would be harmed while the voucher program is on hold.
“Defendants and Intervenors failed to show they are likely to succeed on appeal and failed to show they will suffer an irreparable injury,” Judge Froelicher wrote. “The preliminary injunction will maintain the status quo.”
WEA president Kim Amen hailed the decision. “We appreciate the thorough and thoughtful approach that the judge continues to take in this case,” Amen said in a statement.
Degenfelder was not prepared to comment by press time.
How we got here
Froelicher blocked the law on June 27, five days before it was to take effect. Wyoming families had submitted nearly 4,000 student applications for the program through late June. The program would give applicants up to $7,000 a year.
The WEA, which represents more than 6,000 state public school employees, filed its lawsuit along with nine parents of school-aged children.
In her motion to remove the temporary injunction, Degenfelder argued that Froelicher misread the constitution’s declaration of a fundamental right to education. But Degenfelder’s arguments ignore “plain and unequivocal terms” in the constitution that restrict legislative power on the issue, the judge wrote.
Degenfelder and Meier also failed to convince the judge that the injunction allows the WEA to “dictate the quality of education for other Wyoming students.” The court’s interpretation of the constitution also does not block all state programs that fund private entities, as alleged by Degenfelder, the judge said.
Also, there are no real consequences of the injunction to the Lecks and Haight, Froelicher wrote. The three “will not suffer any irreparable injury because their harm can be remedied if this Court is reversed and the Act is implemented,” his order reads.
Froelicher also knocked down Degenfelder’s arguments based on school funding cases in West Virginia, Ohio, Nevada and North Carolina.
Calling school choice a religious right-wing mind-control scheme is peak ignorance. Not all conservatives are religious ust like not all leftists are Charlie Kirk murderers! your framing is not only lazy, it’s dangerous.
Families turn to homeschooling and private options for reasons that have nothing to do with politics: safety, flexibility, academic rigor, or simply wanting their kids to be treated like individual. I homeschool my kids, yet I still paid over $800 in property axes this year most of which funding a public school system we don’t use. My neighbor with a half-million-dollar home paid even more, and her kids are long grown. We all contribute!
This isn’t a left vs. right issue. It’s about respecting diverse choices in a diverse country. Your black-and-white worldview is part of the problem. You’re not defending education—you’re just broadcasting how little you understand it. Thankfully, people like you don’t make policy.
Next Megan Degenfelder will be begging for tax dollars for home schooling. Pay me $7000/year to home school my kid. This state is full of right wing nut jobs.
The freedom caucus is convinced that they will win this at the Supreme Court despite the explicit language in our constitution that NO tax money SHALL EVER go to ANY sectarian or religious education organization. Apparently they are willing to spend millions of taxpayer dollars to test their view.
I’m totally against private money going to fund state schools.
I am totally against State money going to private schools/church schools. If we have that much money, then create more scholarships for Wyoming graduates for UW, or even technical training.
ESAs place public funds, controlled by the state’s dept of ed, in the hands of parents to choose educational resources best suited to fulfill their children’s learning needs. The purpose of sending money to public schools is to fund a child’s education; ESAs are publicly funded for the same purpose. Whether a parent uses ESA funding at a private school is strictly optional and dependent on what type of education is best suited to meet the learning needs of the child. A traditional classroom setting is only one of many ways to deliver education to children. Children are not identical and they do not learn the same. When we talk about the right to education, we should be talking about public support for the right of a child to learn, however and wherever that can best be achieved for each child. Since the first modern day voucher program was enacted in 1990 in Wisconsin, children accessing public funding for education outside of the public school system have thrived, as have public schools in the 35 states that have school choice. Education of children is the only point and purpose, which is worthy of our support regardless of the type or location of education a child needs to succeed.
“Education of children is the only point and purpose, which is worthy of our support regardless of the type or location of education a child needs to succeed.”
this is not correct and never has been. the whole push for school vouchers is to appeases the religious right’s hatred of science and social programs. the typical chrumper doesn’t care one bit about the education their children receive. they only care that they are taught the same nonsense that they support.
pay for private school yourself. tax payers should not be expected to foot the bill for religious teachings.
The local branch of the NEA strikes again. More legislation from the bench. This needs to be decided quickly.
Constitutionally illegal for taxes to go to private schools. Not legislation from the bench. You can’t claim to be for “law and order” on a part time basis.
I think it has more to do with the Constitutional rights for the majority of us that would rather not see Wyoming Constitutional law violated. That is a slippery slope. Many of the “Law and Order” party seem to want to ignore laws and rulings it does not like. Its pretty clearly articulated in Article 1, 3, and 7. The NEA and few parents are trying to help Wyoming obey their own laws.
It is not legislation from the bench. It is interpretation of legislation created by those who feel their views are more important than the Wyoming State Constitution.