Constitutional questions, heavy opposition fail to slow universal school voucher bill

The Wyoming Freedom Caucus flexed its legislative muscle as it voted a universal school voucher bill through the House despite fierce pushback from legislators calling it a blatantly unconstitutional measure that will get Wyoming sued. 

House lawmakers passed the third reading of House Bill 199, “Wyoming Freedom Scholarship Act,” late Wednesday, capping three days of intense testimony and numerous attempts from lawmakers to amend the bill to something they find more palatable. It now moves to the Senate. 

The bill would transform and expand a brand-new state education savings account program that gives funds to income-qualified families to help them pay for pre-K programs, homeschooling or private school tuition. 

Version 2.0 would offer more money — up to $7,000 per student for non-public K-12 school — while removing income eligibility requirements. It would also no longer cover pre-K costs. Participating students would not be required to take statewide or similar national academic assessments. 

Bill sponsor Rep. Ocean Andrew, R-Laramie, touts the bill for allowing universal school choice in Wyoming and maintains it passes constitutional muster.

Many opponents dispute that. The Wyoming Constitution prohibits the state from giving money to individuals “except for the necessary support of the poor.” It also prohibits public funds to be used for private or parochial schools.

Opponents who are pro-school-choice cautioned that HB 199’s proposal to do away with income requirements will torpedo Wyoming’s nascent efforts to expand school choice.

“We’re going to blow the ESA bill up for something that’s going to spend a lot of time in our third branch of government, and rightfully so,” Rep. Steve Harshman, R-Casper, said in reference to the courts. In his 23 years in the Legislature, Harshman said, “I’ve seen some bills on this floor. I haven’t quite seen one like this.”

Walk before you run 

The educational savings account program that passed the Legislature in 2024 traveled a tumultuous path to become law; it was transformed, killed, revived, amended scores of times, then partially vetoed by Gov. Mark Gordon. The tug-of-war reflected advocates’ divergent priorities: early childhood education for some, universal access to non-public-school for others.

House Bill 199 reflects a renewed push from the latter camp and a growing school-choice movement on the right nationally. Andrew cited programs in states like Utah and Arizona as models for what he wants to achieve in Wyoming — though debate has been laced with conflicting narratives about whether or not those programs are models of success or cautionary tales of waste. 

Among other differences from the ESA bill, Andrew’s bill would change the funding mechanism from the general fund to state mineral royalty revenue. His original version of the bill stripped a process of certification for participating education providers as well as the pre-K and assessment requirements. 

Some lawmakers who helped the ESA program succeed last year bemoaned the new bill as ignoring all the hard work involved in that effort. 

“We worked extensively on this bill in committee, and then in this body we came up with a compromise,” said Rep. Ken Clouston, R-Gillette, who sponsored the ESA bill. “This bill guts most of those compromises.”

As representatives debated the measure this week, several made repeated attempts to reinstate pre-K, assessment requirements, certification and income requirements, as well as tweak other aspects of the bill. Though supporters remained mostly mum, the vast majority of the attempts were roundly defeated when the body voted. 

However, Rep. JD Williams, R-Lusk, was able to notch a win with an amendment to reinstate the certification process — something that Superintendent of Public Instruction Megan Degenfelder, a vocal school choice advocate — had requested. This followed many lawmakers’ complaints that a state claiming to value the discerning use of taxpayer dollars cannot just give out money without any oversight. 

“It’s gonna be the Wild Wild West of waste, fraud and abuse,” Harshman, a longtime teacher and Natrona County High School football coach, warned his colleagues about a system without certification requirements. 

Williams also reinstated language requiring assessment, though it does not specify what standard of assessment that would be. 

As it reached the finish line to clear the house, some lawmakers said they have heard tons of recent constituent concerns on the measure. Others urged the body to observe the existing program, which is not even a month old, before overhauling how it works. 

“You gotta learn to walk before you run,” said Rep. Cody Wiley, R-Rock Springs, who was in support of the 2024 ESA measure. Without a judicious process, he said, “we could kill this whole effort before it even gets off the ground.” 

The Wyoming Education Association, an opponent of the bill, shared polling results on Wednesday showing nearly 70% of Wyoming Republicans oppose universal school vouchers. 

Co/efficient, a Republican firm, surveyed nearly 700 Wyoming Republicans who had voted in the most recent general election, the WEA press release said, and results indicate that 68% of those surveyed oppose or strongly oppose universal school vouchers. Factoring in those who are unsure, “only 22% of those Republicans surveyed support vouchers in some capacity,” the WEA said. 

What they are saying

Andrew, who fielded many questions and concerns about the bill, returned time and again to a stance that the program “should be equally available to all children just like public education is.” 

Laramie Democrat Karlee Provenza said the bill violates six different provisions of the Wyoming Constitution. “It’s clear as day that this bill is unconstitutional. We as a state will clearly lose when we are inevitably sued.” 

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In the wake of the news that the bill cleared the House, education and other groups sounded off on the decision.

“We’re thrilled to see this transformative legislation take another crucial step forward and call on members of the Senate and Governor Gordon to waste no time in getting it across the finish line,” Americans for Prosperity Wyoming Director Tyler Lindholm said in a statement. “This year will finally be the year that every family in Wyoming will have the full freedom to choose the best education pathway for their children – with no income qualifications or strings attached.”

In the WEA polling press release, organization president Kim Amen said vouchers, or government subsidies, harm education systems. 

“Wyoming public schools are the heart of our communities, especially in our rural areas, where they serve as both a foundation for learning and a cornerstone of connection, opportunity, and growth,” Amen said. “Universal vouchers are counter to all of these values.”