I am thrilled by the unanimous decision of the Wyoming Supreme Court today to reverse the preliminary injunction, which had halted ESA payments while the underlying case is being litigated. While the district court has still not made a determination on the underlying case itself, this is an important step in allowing the program to proceed and for families to benefit in the meantime.
This is a big win because the Wyoming Supreme Court made clear what we have known all along- this is not a school finance case. This supports our case in district court, which we intend to continue to diligently pursue. This is also a big win for Wyoming families and students who will enjoy expanded academic freedom and school choice as the ultimate decision on the case is made.
What does it mean?
This decision is not a decision on the constitutionality of the program, which remains under review by the district court. However, this decision allows the state to continue to administer the program in the meantime.
What happens next?
We will proceed immediately with reopening the program. Interested parents can expect to see a call for applications or for renewals soon to prepare for the 2026-27 school year.
Megan Degenfelder
State Superintendent of Public Instruction
The ESA program was established by the Wyoming Education Savings Account Act in 2024, which was amended by the Steamboat Legacy Scholarship Act in 2025. The program provides eligible students with $7,000 annually for various educational expenses, including private school tuition, curriculum, tutoring, extra-curricular activities, and other approved education-related costs.
For more information, email wde-esa@wyo.gov.
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