Education in Wyoming

Private Fund Grab Lawsuit Will Continue

The lawsuit against the state’s private school fund grab can continue after an Aug. 28 Laramie County District Court ruling that the plaintiffs have “standing.”

That means teachers and parents who brought the suit may continue to sue "because they will not have an equal opportunity to the private school funding" if the only private schools in their area refuse to admit their children, according to the Wyoming Public Media report. The suit argues the law violates several sections of the state's constitution.

The August ruling is the latest development in the ongoing lawsuit over the program’s future. The Wyoming Education Association (WEA) joined the suit and won an injunction in June, halting the first payments.

The state asked the court to dismiss the case for lack of standing, arguing the parents had only "general" concerns and wouldn't suffer "any unique injury" because their children attend public schools.

However, "The Act permits private schools to maintain any existing discriminatory admission policies," the court order stated, "In other words, the Act directly regulates the Plaintiffs who are also parents because they are eligible to apply to participate in the [voucher] Program. These are not speculative or remote harms and are distinguishable from those of the public in general."

The private school money comes out of Wyoming's general fund, not its public school funding, as part of a transparent Republican ploy to circumvent the state constitution. But voucher opponents, including WEA and the parent plaintiffs, allege that the vouchers could pull students out of public education, thereby reducing the "average daily membership" (ADM) of individual schools. The state's school funding model uses a district’s ADM to determine how much is allocated.

Several Wyoming parents and the Wyoming Education Association (WEA) filed a lawsuit against the state, claiming the so-called “Steamboat Legacy Scholarship Act” violated the state Constitution.

The voucher program would take up to $7,000 per child annually from YOUR public schools. The Wyoming Tribune Eagle calculated this will cost YOUR public schools $26.6 million in ESA funds. Regardless of parents’ income. With little or no accountability.

The plaintiffs say violates the state Constitution by using taxpayer dollars to fund private education. Plaintiffs also argue the voucher program does not guarantee a uniform and quality education for students.

Deluded Trump acolyte and Wyoming Superintent of Education Megan Degenfelder, State Treasurer Curt Meier and the state of Wyoming are specifically named as defendants in the case. Two Wyoming families from Cody have filed a motion to intervene as defendants in the lawsuit.

Attorney Gregory Hacker, representing the plaintiffs, pointed out that Wyoming’s Constitution establishes the right to education and how the state should approach ensuring that right for the public.

This includes not allowing state funds to go to private or religious educational institutions and ensuring state-funded education is uniform, complete, equitable, adequate and open to all. 

Plaintiffs are also concerned about the lack of academic accountability and potential inequities that could be created through the program.

Public schools have to meet certain curriculum and testing standards to receive state funds. This program would indirectly give state funds to private schools without a requirement to meet the same standards as public schools.

The law does not require a standard for instruction in these areas or a standard method of testing students, Hacker said.

It also includes the provision that “no parent shall be required to include any instruction that conflicts with the parent’s or the ESA student’s religious doctrines.”

In order for the court to grant the preliminary injunction, the plaintiffs have to prove a irreparable harm.

Hacker argued that should the voucher program proceed and later be found unconstitutional, the state may be in a position to try and recoup already spent funds from families.

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Want to know more? Check out these resources:

     Wyoming Education Association - general site

     ACLU of Wyoming - general site

     Wyoming Association of School Boards - general site

     Wyoming Education Association - join here

     Ignite Wyoming - general site (Program of the Wyoming School Boards Association)