Letter to the Editor 6/29/2025: Wyoming’s school voucher law is unconstitutional

Dear Casper,

I am writing as a concerned citizen of Wyoming and parent of a child in public school. In the 2025 legislative session, House Bill 199 passed. This bill was sponsored by Ocean Andrew. HB199, or the Wyoming Freedom Scholarship Act, gives $7,000 per child to any family that chooses not to have their child or children in public school. This money can then be used for homeschooling curriculum or to pay tuition at private schools, even parochial schools. While I respect that people have the right to choose the education that will best fit their children and family, taking this money away from our public schools is unconstitutional. 

Article 1, Section 19, of the Wyoming State Constitution reads as follows: “No money of the state shall ever be given or appropriated to any sectarian or religious society or institution,” Then, Article 7, Section 8 of the Wyoming Constitution 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, or sectarian organization or religious denomination whatsoever.”

Perhaps the majority of our state legislators and the governor did not read the state constitution before putting this on the docket and passing it through. Perhaps they did not understand what they were reading. Regardless of how it passed, it did. House Bill 199 is undeniably unconstitutional. The language of the Constitution and its content are clear, no money from the state will ever be given to religious institutions. No portion of any public-school fund will ever be used to support any private or religious school whatsoever. Wyoming public schools are already underfunded, and now money is being taken away from them to go to private schools and religious institutions. 

In February of this year (2025) WyoFile shared a story titled “Judge finds Wyoming unconstitutionally underfunded public schools, orders remedy.” It goes on to say a Laramie District court judge ruled that the Wyoming Legislature has been unconstitutionally underfunding the state’s public schools. This was even before the Wyoming Legislature decided to pass HB199. The judge found that the state failed to adjust funding for inflation properly; failed to provide funding for adequate salaries for teachers and staff; and failed to provide sufficient funding for mental health counselors, school safety resource officers, nutritional programs and computers for students. Furthermore, Wyoming’s lawmakers have allowed inadequate facilities to exist for too long without repair or replacement. Just so everyone is clear, the legislature was told that what they were doing was wrong, and they still made the decision to take money away from our public schools. 

These impacts are not even considering  the property tax cuts that the legislature brought to the table this year. In Wyoming 69% of our property taxes go to fund our public schools. None of us like paying higher taxes, but honestly, I am happy to do it when it means that the schools in my community are well funded and able to care for and guide the children in my community who will also become the foundation of our economy, government, and culture in the future. In an article put out by the Wyoming Community Foundation in 2021, 50% of the property taxes in Wyoming come from the minerals industry. Residential property taxes only make up 26% of the property taxes.Cutting property taxes sounds great, but I am so curious of how we would raise the money to fund our public schools that are now losing even more money due to HB199. One solution would be to repeal HB199. Then this $7,000 per child per year can stay in the public schools. 

According to the Learning Policy Institute study from 2021–2022 and published in March 2025, 98.2% of students in Wyoming were enrolled in public schools. This number equates to roughly 93,093 students. That is a lot of students who are having funding taken away from their schools. Furthermore, of the 32 private schools in Wyoming, 20 of them are religiously affiliated. I guess it was easy to skip over the piece of the state constitution that says, “No money from the state shall ever be given or appropriated to a sectarian or religious institution.” Perhaps the majority of our legislators did not understand the part of the constitution that says, “Nor shall any portion of any public-school fund ever be used to support or assist any private school whatsoever.”

Public schools are pillars of our communities. For those of us who do not have the gumption to homeschool our children, these spaces are where our children will spend most of their time during the day during the school year. According to the Wyoming Community Foundation during the 2019–2020 school year Wyoming spent almost $16,000 per student. When we cut the funding for public schools many important things go on the chopping block like: school administration, home ec classes, dual enrollment for college courses, career guidance, school library services, crossing guards and building alarms, assistance for visually impaired students, distance learning, funding to care for our At-Risk youth, and health and media services. While some of these things may not seem like essential pieces of the education package, they are all important. Some Wyoming students learn essential skills at schools, think home economics. Some Wyoming students are able to plan for their future through having dual enrollment in college courses. When we take these pieces of the puzzle away, we take away pillars of our communities and we hinder our students and their futures.

I wish the solution were as easy as repealing HB199; however, it has already been signed into law. The Wyoming Education Association has filed a lawsuit against the state of Wyoming. They have successfully sued the state in the past. I commend the Wyoming Education Association for pursuing this lawsuit, and wish them all the best. Another solution would be for our legislators, the people who have been touting truth and freedom and all that, to grow a dang backbone and stand up for what is right. These folks tout the constitutions, both state and federal, like they have read and comprehend them. This is why it is so critical to have strong, well-funded public schools that are capable of providing the civic education required to solidify a strong, informed, and just society.

The majority of our state legislators have often shown us that they do not care about the children of Wyoming. House Bill 199 is just a continuation of that apathy. Our schools, their staff and our children deserve so much better. Fund public education. Period. Stop giving money to private and religiously affiliated schools, because it is unconstitutional. Take care of our communities. The children of Wyoming deserve better.

Writing in Solidarity for a Better Wyoming Future.

Betsy Erickson

Casper

Wyoming Constitution: Constitution of the State of Wyoming

Wyofile: Wyoming lawmakers forewarned of school voucher lawsuit as they debated program’s constitutionality – WyoFile

Learning Policy Institute: Distribution of Public and Private Schools

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