Gordon signs off on universal school vouchers, praising bill as 'remarkable' legislation

CHEYENNE — Gov. Mark Gordon signed a controversial universal school voucher bill Tuesday afternoon, praising it as “a remarkable achievement for Wyoming” on the heels of a recent court decision that found Wyoming has unconstitutionally underfunded its public schools.

Nearly a week before Gordon signed House Bill 199, “Steamboat Legacy Scholarship Act,” U.S. District Judge Peter H. Froelicher released a 186-page decision, concluding Wyoming’s funding model for the K-12 public school block grant is “unconstitutional” and “no longer cost-based.”

Several lawmakers who voted against HB 199 argued it unconstitutionally uses state funds to send children to private schools. Sen. Wendy Schuler, R-Evanston, who voted against the bill, said she supports school choice, but only if it’s within constitutional boundaries.

Sen. Wendy Schuler, R-Evanston (2025)

Sen. Wendy Schuler, R-Evanston

“Right now, (the Wyoming Constitution) says public money can’t be used for private, religious education,” Schuler told the Wyoming Tribune Eagle. “I just think this bill could end up in the courts.”

The Wyoming Legislature passed a bill last year to create an educational savings account (ESA) program, and Gordon limited ESA eligibility to families at or below 150% of the federal poverty level. He explained in his line-item veto letter these changes made the ESA program more constitutionally sound.

HB 199 removes the ESA family income-based requirement for grades K-12 and increases the per child amount from $6,000 a year to $7,000. During negotiations, House representatives agreed to include pre-kindergarten eligibility in the ESA program for families at or below 250% of the federal poverty level.

Gordon said during a news conference Tuesday morning that Wyoming is the first state in the nation to include preschools in its universal school voucher program.

However, without a similar means test for ESA recipients in grades K-12, several lawmakers in both legislative chambers argued the bill directly violates the Wyoming Constitution. Rep. Landon Brown, R-Cheyenne, told the WTE he suspected the law will be immediately challenged in court.

Rep. Landon Brown, R-Cheyenne (2025)

Rep. Landon Brown, R-Cheyenne

“It’s just going to tie up more resources and money,” Brown said.

Monday night, Gordon vetoed a bill that lifted the cap on how many charter schools the Wyoming Charter School Authorizing Board can authorize. He referred to Froelicher’s decision in his veto message, saying it “highlights an urgent issue that must be addressed before we consider authorizing additional charter schools.”

“Without a sustainable, transparent plan to ensure adequate funding for public schools, education savings accounts, and charter schools alike, lifting the cap on charter school authorization is both premature and irresponsible,” Gordon wrote in his veto message.

Gordon was asked during Tuesday’s news conference why he felt vetoing the lift on the charter school cap was the right choice for public education, but not doing the same with the universal school voucher program.

“Look, I’m a conservative, fiscally and otherwise,” Gordon said. “I want to make sure that we have a measured approach that doesn’t end up with us having to fund a bunch of things that we can’t afford, and (there are) a lot of pieces of charter legislation that need to be addressed before we just open doors.”

Wyoming was put under the national spotlight two weeks ago when President Donald Trump pressured senators into passing HB 199. Trump urged every senator to vote in favor of the bill through a post on his social media platform, Truth Social, adding that “I will be watching!”

The bill appropriates $30 million from the general fund to the Steamboat Legacy Scholarship Program Account, and notes that the Legislature’s intent is to include this money in the standard budget for the Wyoming Department of Education starting with the 2027-28 biennium.

The Wyoming Education Association was the organization that brought the lawsuit against the state for underfunding its public schools, which Froelicher ruled on last week. In a prepared statement, the WEA found Gordon’s support of HB 199 “disappointing.”

“The district court’s ruling from only days ago confirmed that the state is not funding public education to the level as it is required,” the WEA stated. “The choice to take taxpayer dollars to support a voucher program is a curiously poor decision.”