Wyoming Gov. Mark Gordon signed a school choice bill into law Thursday, but vetoed most of the eligibility provisions that would provide taxpayers with funding for private, preschool, and homeschool education, questioning its constitutionality. The reason for this was concerns.
The Wyoming Legislature introduced a bill to Gordon that would establish Education Savings Accounts (ESAs) on a tiered system. In other words, the higher a family’s income, the less they are eligible to receive funds.
ESA is a school choice model that allows parents to use public funds to cover a variety of educational expenses, such as private school tuition, materials, and homeschooling costs.

Wyoming Gov. Mark Gordon signed a school choice bill into law Thursday, but vetoed most of the eligibility provisions that would provide taxpayers with funding for private, preschool, and homeschool education, questioning its constitutionality. The reason for this was concerns. (Bradley J. Bonner/Jackson Hole News & Guide, Associated Press, File)
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Citing constitutional concerns, President Gordon’s veto of certain items narrowed ESA eligibility to low-income households, limiting access to ESA only to households directly below 150 percent of the federal poverty level.
Households earning less than 150% of the federal income poverty level are eligible for up to $6,000. He vetoed a portion of the bill that targeted households in the 150-500 percent poverty level.
“We are very disappointed in Governor Gordon’s changes to Section 53 of the House of Representatives Act,” Americans for Wyoming Prosperity said. State Secretary Tyler Lindholm said in response to the veto: He said that by eliminating the tier system, “thousands of families across the state who cannot afford to pursue educational options on their own will be told that they are not poor enough to be given educational freedom.” “I was just beaten up,” he added.
In a letter explaining his veto“While the intent to support education and parental choice is laudable, my analysis reveals practical and constitutional complexities within the bill’s provisions,” Gordon said.
Among Gordon’s concerns was that the Wyoming Constitution prohibits the allocation of funds from the state “except for necessary assistance to the poor.”
He also said the bill “risks allocating funds to sectarian and religious schools” and therefore “violates the provisions of the Wyoming Constitution that expressly prohibit the allocation of public funds to such organizations.” It is possible,” he said.
The Wyoming Legislature passed the bill earlier this month, following previous failed attempts to pass school choice legislation in the Cowboy State.

The Wyoming Legislature passed the bill earlier this month, following previous failed attempts to pass school choice legislation in the Cowboy State. (Michael Kumo/Wyoming Tribune Eagle, via AP, File)
Here’s why local Republicans are finally turning around and supporting school choice.
The bill comes after two bills were introduced and defeated during the 2023 legislative session. Gordon vetoed another charter school bill passed earlier this year.
“The flood of school choice in rural states and the political success of local educational freedom advocates should dispel once and for all the myth that rural voters don’t want school choice.” Corey DeAngelis, senior researcher at Children’s Federation, told FOX. News Digital.
Local Republicans appear to have turned to school choice policies, which had previously been a stumbling block due to concerns about their negative impact on struggling public schools in rural areas.
Wyoming’s progress toward universal school choice legislation is part of a growing trend of red states passing such legislation. Nine states passed universal school choice laws last year, and Alabama passed one last week.
Heritage Foundation Education Policy Center Director Lindsey Burke and researcher Jason Bedrick sent the following statement to Fox News Digital:

Nine states passed universal school choice laws last year, and Alabama passed one last week. (Reuters)
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“The Wyoming Legislature should be commended for passing a strong ESA policy that significantly expands educational freedom. Although it is unfortunate that he will no longer be able to receive such education, his accomplishments are still worthy of praise.”This is a small but important step towards educational freedom. ”
“The Cowboy State joins a growing number of states that are empowering families to choose the learning environment that aligns with their values and is best for their children. This is an important win for Wyoming families.” she continued. “More than a third of the nation’s children are now eligible to choose private school. Lawmakers are calling for educational opportunities and alternatives to the union-led, near-exclusive K-12 district school system. We should do more to expand educational opportunities.”





