Wyoming lawmakers created the state’s first K-12 education savings account (ESA) program in 2024, effective in the coming school year. This spring they expanded eligibility to families of any income. The $7,000 accounts can be used for private-school tuition, tutors, homeschooling, or other education expenses. Nearly 4,000 students applied for them this fall.
The Wyoming Education Association doesn’t want families getting those dollars. 
The union is arguing that the program violates the state's constitution. But Jason Bedrick of the Heritage Foundation says states offering a variety of additional education opportunities is not unconstitutional.
"As state lawmakers decide to open up choice and competition and let families choose the learning environments that work best for their kids, the unions should say, ‘hey, how can we better serve these families and these students?’ Instead, they are wasting tons of time and money trying to block families from having any other alternatives."
The state Attorney General Keith Kautz claims the law is in favor of parents at this point.
The Wall Street Journal editorial board agrees.
The program “isn’t killing the existing school system. The $30 million ESA program has its own general-fund appropriation, which doesn’t divert dollars directly from public schools—whose per-pupil funding approaches $20,000. District funding is tied to enrollment, so public schools could lose money if students leave, but that’s happening even without the scholarships,” the board writes.
Bedrick says this and similar lawsuits are union stalling tactics even though they know they're going to lose in the end.
"It's not just in Wyoming. There are, there are lawsuits against school choice programs right now pending also in Ohio and Utah. The unions are throwing spaghetti against the wall and just seeing what sticks. And so, uh, different arguments in different states."
