Amid an ongoing lawsuit, a Wyoming court has temporarily blocked the state's $50 million school voucher program from making its first payments, halting the program just days before those payments were set to go out.

Wyoming Superintendent of Public Instruction Megan Degenfelder said the timing of the lawsuit shows a "complete disregard" for the "innocent families" it will affect.

Degenfelder said the injunction has put families who were about to receive the vouchers in "heartbreaking" situations.

"It's really unfortunate. We have just under 4,000 families in the state that were counting on those dollars," she said. "Providers all across the state that made hiring decisions, planning decisions, for the upcoming school year based on that."

Critics, meanwhile, argue the voucher program is illegal and represents a threat to fairness and the future of public education.

In June, nine Wyoming parents, many of them teachers, and the Wyoming Education Association (WEA), launched a lawsuit to stop the voucher program from going into effect and have it declared unconstitutional.

"They don't seem to have the money to fund the schools that are already in existence," WEA President Kim Amen told Wyoming Public Radio, referring to a ruling on a separate lawsuit that found the state is chronically and unconstitutionally underfunding public schools. "But passing this voucher program then allows them to take money out of the state coffers and give it to private entities, when that money could be used for public good."

The program

The vouchers, officially known as Steamboat Legacy Scholarships, give eligible families public money from the state's general fund to support private school tuition or other charter or homeschooling costs.

Lawmakers created the program in 2024, then expanded both its funding and scope in 2025. The first payments were set to go out ahead of the 2025-2026 school year.

The expanded program would provide up to $7,000 per child, could be used for pre-K education — for which there is no public alternative in Wyoming — and is available to all families, regardless of income.

As the legislation creating and shaping the program moved through the Wyoming Legislature, opponents raised concerns about constitutionality, the separation of church and state, and the impact the voucher program could have on public school funding. Supporters, including Degenfelder, touted school choice.

"My job, I view, is to provide great education options for every single child in Wyoming, because the key to a robust state and a robust nation is education," Degenfelder said in an interview for Wyoming Public Radio scheduled to air July 11. "I'm all about choices when it comes to education. There should be no one-size-fits-all model."

The lawsuit

The Wyoming Education Association, which represents public school teachers, filed a lawsuit last month seeking to halt the voucher program. The suit argues the money distributed through the program will support schools that have less oversight, as well as schools that deny LGBTQ+ children or children with special needs.

The WEA is joined by nine other plaintiffs, parents from around the state who have children falling into both categories.

"Our public schools take every student," Amen said. "They're for every student in Wyoming, regardless of where they live, regardless of their special needs, regardless of their gender identity. What private schools don't have to do is take every single student."

Degenfelder said she's seen no evidence that any school in Wyoming refuses to admit LGBTQ+ youth.

"I did see that that's part of the lawsuit, but what I don't see is that there's any particular example where that has occurred," she said. "There's been no harm that has been shown."

When asked if public money should go to schools that turn away transgender children, Degenfelder reiterated that she hasn't seen that happen.

"So until I see harm, I think that this just is creating, unfortunately, a political spin on this and trying to take down the program based on events that have not occurred," she said.

The lawsuit also highlights how private schools are not required to make the same accommodations for children with special needs, such as maintaining an individualized education plan (IEP).

"All the individual plaintiffs believe that public funds should be used to support public schools that their child and all other Wyoming children can attend, and object to the use of taxpayer public money at exclusive private voucher schools that may refuse to admit their children and that lack the same accountability, uniformity, and curriculum standards required at public schools," the lawsuit states.

When asked whether public money should support schools that can turn away children with disabilities, Degenfelder again said she had seen no evidence this was occurring in Wyoming.

"I think that this is just creating political noise to try to disenfranchise the program," she said. "That's not what this program is about. The program is about making sure that every single child in the state of Wyoming receives a robust education that best fits their needs."

Several of the parent plaintiffs claim in the lawsuit they are unaware of any local private schools that would admit or accommodate their children.

The funding

Another point of contention between supporters and opponents of the program — and now between the parties of this lawsuit — is the matter of public school funding.

The $50 million available through the voucher program comes from the state’s general fund, not its public education pool. It’s a fact sometimes misunderstood and one that supporters of the voucher program often reiterate.

"There is not funding that is being taken out of the School Foundation Program Account that funds our public education system," Degenfelder said.

But the lawsuit argues that general fund money would be more appropriately spent bolstering public education. The complaint points to a recent court ruling in a separate lawsuit brought by the WEA, which found Wyoming has been unconstitutionally underfunding its public schools.

The current suit further alleges that public schools will suffer financially if the voucher program decreases student headcounts.

"As students leave the public school system using public funds provided through the Voucher Program, the public schools will lose funding under the Average Daily Member ("ADM") formula, thereby resulting in fewer resources available to educate and support the students remaining in public schools like [the plaintiffs'] children," the suit alleges. "As long-time parents, teachers and educators, Plaintiffs have seen the impact of inadequate funding for public schools, which will only be exacerbated by a further loss of funding."

Degenfelder said she doesn't see the issue as being a funding battle between public and private schools.

"I think that the most important thing is that we have kids being educated come fall of 2025," she said. "I am a huge proponent of the public system. That's why I ran for this position. That's why I went through K-12 school in public schools. This isn't an either-or. This is really about providing education for every single child, public or otherwise."

The court is expected to reach a final decision this month.