Wyoming teachers’ union sues school choice program designed for low-income students

The Wyoming teachers’ union is suing the state’s first-ever school choice program, claiming it’s “unconstitutional” to give scholarships to low-income students.

The Wyoming Education Association (WEA) along with a handful of public-school parents filed a lawsuit June 13 challenging the Steamboat Legacy Scholarship.

The program, which launched in 2024 and became universal in 2025, gives students $7,000 to use for a variety of educational expenses.

A statement by the association echoed common arguments against school choice, alleging it will “disproportionately benefit wealthier families” and “subsidize private education.”

“Our students, families and communities deserve better,” its president Kim Amen said. “Public dollars belong in public schools.”Wyoming public schools currently spend over $20,000 per pupil – exceeding the national average of $17,000.”

The average private school tuition is just $10,500 by comparison.

Despite a nearly $2 billion budget, only 30% of Wyoming 8th-graders can read or do math at grade level, the National Assessment of Educational Progress (NAEP) reported in 2024.

Furthermore, many school choice programs prioritize or are designed exclusively for low-income families or students with special needs.

In Wyoming, the Steamboat Legacy Scholarship was exclusively for low-income families in its first year. Now families of all income levels are able to apply. However, returning students and their siblings will still have first priority.

Finally, the WEA argues school choice will harm “underserved and rural areas,” leaving them with “diminished resources and reduced opportunities.”  

However, research suggests otherwise.

The Heritage Foundation in 2023 found large school choice programs improved the quality of education in rural public schools.

For example, Arizona was one of the first states to implement universal school choice. The 2022 NAEP testing revealed Arizona’s rural students tested far above the national average for rural schools.

“The best available evidence suggests that choice and competition are the rising tide that lifts all boats, including in rural areas,” researchers concluded.

Wyoming Superintendent of Public Instruction Megan Degenfelder, one of the defendants named in the lawsuit, was elected in 2023. She supports a variety of pathways to education freedom, including charter schools, homeschooling and giving families the ability to attend a public school outside their zone.  

“This is Wyoming, and we don’t let outsiders or ideologues tell us how to raise our kids or manage our resources,” she said in January. “Our agenda is clear: protect our families, defend our values, and ensure our schools stay focused on what matters most – educating the next generation.”