At this juncture in a lawsuit against the state treasurer’s office and her own, Wyoming Superintendent of Public Instruction Megan Degenfelder is still planning to distribute at least $6.44 million in payments to state-held accounts to use on private schooling or homeschool.
The Wyoming Education Association and nine parents sued Degenfelder and Wyoming Treasurer Curt Meier last Friday, and asked the Laramie County District Court to block the newly-expanded Steamboat Legacy Scholarship Act’s payout program from going into effect.
Degenfelder derided the lawsuit’s timing in a Thursday statement, saying it “displays wanton disregard for the nearly 4,000 Wyoming families that have signed up for the program and the many service providers that are counting on those families.”
In an earlier comment to Cowboy State Daily, Degenfelder noted that this program was first created in 2024 (and expanded in 2025), and yet WEA did not sue until days before the substantial distribution planned for July 1.
“To our applicant families and the education service providers and schools that have worked hard to be prepared to support these families, know that I am continuing to prepare to distribute funds as planned,” says Degenfelder’s Thursday statement.
That could change.
Laramie County District Court Judge Peter Froelicher has scheduled the case for a June 27 preliminary injunction hearing in Cheyenne. There, the judge will weigh whether to block the program from going into effect during the case against it.
Degenfelder voiced hesitancy to contemplate a potential enjoinment, but said she will follow the court's order.
"I fully expect the ESA program to move forward as anticipated and hate to comment on a hypothetical that only causes angst for our ESA families and providers," she told Cowboy State Daily. "However, I will always follow the law and what the court orders."
Wyoming Senior Assistant Attorney General Mackenzie Williams on Wednesday notified the court he’ll represent Degenfelder and Meier in the case.
The Lawsuit Claims
The WEA and parents claim the Steamboat Legacy Scholarship program alienates gay, transgender and special needs kids who may be turned away from private schools.
It also chips away at Wyoming’s constitutional mandate of a complete and uniform public school system and violates a state constitution provision barring the distribution of public funds to education systems not under state control, the lawsuit says.
WEA and its co-plaintiffs can argue at the June 27 hearing that they are likely to win this lawsuit and will be harmed if the school-choice payment program goes into effect.
If they can prove both those factors to Froelicher, then the judge would block the program during the case against it.
Some Numbers
Degenfelder’s office as of Thursday morning had received 3,889 applications for school-choice accounts. Of those, 3,680 were approved as eligible, 102 found ineligible and 107 are under review.
Under the law, each student approved would receive $7,000 for his or her education per year.
Degenfelder’s office is slated to distribute those in four installments, with the first distribution at $1,750 per student.
That puts the July 1 distribution at $6.44 million at least, but people can still apply through 9 p.m. June 25, so the figure could rise.
The Legislature in 2024 appropriated $20 million for the program, and in 2025 appropriated $30 million, leaving it with a total $50 million for the upcoming school year. Families receive the accounts, generally, on a first-come first-served basis.
The program also offers accounts to preschool-age children whose parents make 250% or less of the federal poverty line.
WEA in a Thursday email to Cowboy State Daily countered Degenfelder, saying she "knew full well this would be challenged."
"During the legislative session, multiple experts, representatives, and senators stated this program was likely unconstitutional and that they expected this to be challenged in the courts," wrote the group. "In fact, even regarding the 2024 ESA bill, the Legislative Service Office sent a memo alerting (lawmakers) to 'constitutional considerations.'"
"It is unfortunate that the superintendent promoted this unconstitutional law and that the legislature proceeded to pass it," the email continues. "The 'wanton disregard' being displayed is actually for the Wyoming Constitution. WEA will always fight for our public schools, the state’s constitution, and for all of Wyoming’s students – including the 93 percent who attend our public schools."
Clair McFarland can be reached at clair@cowboystatedaily.com.
