Wyoming teachers and parents have standing to sue the state over its school voucher program. That's according to a Laramie County District Court ruling from Aug. 28 denying the state’s request for dismissal.
The August ruling is the latest development in an ongoing lawsuit between Wyoming public educators and the state government over the future of the Steamboat Legacy Scholarship program.
That program provides up to $7,000 in state funds that a family can use at private or charter schools or for homeschooling. It's open to all families regardless of income. Wyoming approved the voucher program during the 2024 legislative session, then expanded it earlier this year before its scheduled launch this summer.
Alongside parents, the Wyoming Education Association (WEA) sued the state to halt the program, winning an injunction in June that stopped the first payments from going to families.
The plaintiffs argued the program is unconstitutional, that it would deplete public schools of funding and that it would divert state money to private schools that could discriminate against queer or disabled children.
The state asked the court to toss 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.
But the new court order rules the parents have standing 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.
"The Act permits private schools to maintain any existing discriminatory admission policies," the court order states. "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 voucher program is funded out of Wyoming's general fund, not its public school funding. 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 school's ADM to determine how much is allocated to its district.
"Plaintiffs stress that the issues before the Court involve the fundamental right to education and educational funding," the order states.
The court agreed with this line of reasoning, ruling the case is a matter of "great public importance." That's a distinction that loosens the rules around who does and doesn't have standing, according to the order.
Following the new court order, the lawsuit may proceed.
The vouchers themselves remain paused by an earlier court order.
