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 percent 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
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 percent 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 underfundingthe 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.”
This story was first published by WyoFile. Read the original here.
