District Court Judge Peter Froelicher granted WEA a preliminary injunction in the state voucher case, stopping public tax dollars from being diverted to private schools until the constitutionality of the voucher program can be determined.
The Wyoming Education Association and nine parents sued the State of Wyoming, Superintendent of Public Instruction Megan Degenfelder, and State Treasurer Curt Meier.
“This is a crucial step in protecting our constitutional promise of a free, fair, and equitable public education for every Wyoming student,” WEA President Kim Amen noted.
Froelicher issued a temporary stay in late June pending his opportunity to fully review the case; this injunction stops any disbursement of state funds to the voucher program until its constitutionality can be fully litigated.
The voucher program, also known as the Steamboat Legacy Scholarship Act, would allow $7,000 per student for those who seek to homeschool or to enroll their students in private school. As the judge noted in his ruling, the Wyoming constitution states that “No money of the state shall ever be given or appropriated to any sectarian or religious society or institution.”
Other key determinations from the order include:
- “Plaintiffs have made a clear showing of probable success on the merits of their claims and have shown possible irreparable injury to the Plaintiffs.”
- “The Act does not assure that the … Certified Providers will provide the constitutionally mandated equal opportunity to a complete and uniform, thorough and efficient, and quality education open to all.”
- “The legislature seeks to circumvent the prohibition on giving public funds for educational purposes to private persons, private entities, and sectarian institutions by passing the funding through the State Superintendent.”
- “Regardless of which fund the legislature uses to pay for [the voucher program], appropriating $30 million for private schooling of Wyoming students is inconsistent with the undisputed doctrine that its paramount priority is to support ‘an opportunity for a complete, proper, quality education.’”
- “Defendants … ignore the well-established doctrine that the fundamental right to an education exists to benefit not just students but all Wyoming citizens through education of their youth.”
Officials agree that the current situation was not necessary because the legislature and the superintendent were warned from the beginning that this voucher bill was unconstitutional.
As Sen. Charles Scott (R-Casper) said in February, he had questions about whether the bill was constitutionally defensible. “I don’t think you’re going to be able to tell until you actually get a court case,” he said.
“The legislature and the superintendent created false hope for families, and that’s unfortunate,” Amen said. “They knowingly pushed through legislation they admitted was likely unconstitutional, and they failed to be honest with parents about the legal risks. It’s unacceptable that families were used as pawns in their political agenda.”
While Degenfelder directs her department’s attention toward the private and home school applicants for the voucher program, the WEA remains committed to supporting the 93,000 students who attend Wyoming’s public schools
“Public money belongs in public schools,” Amen said. “When you divert that funding, it means that schools have no choice but to face larger class sizes, fewer teachers, less support, and diminished opportunities.”
As expected, the state has filed an appeal to the Wyoming Supreme Court. Until it rules on the issue, the injunction remains in place. Additionally, that decision will only relate to the injunction, not to the merits of this case.