Will private schools get a boost from voucher program?

RIVERTON — Beginning next year, Wyoming families with qualifying income will have access to government assistance for private schooling.

Gov. Mark Gordon signed House Bill 166, “Education Savings Accounts,” into law in April. His line-item vetoes significantly narrowed the scope of the legislation, but it’s still likely to spark a host of lawsuits and widespread debate as its activation date approaches. And the new legislation could cause an uptick in enrollment for Wyoming’s private schools.

The passed version of the measure caters only to families earning less than or equal to 150% of the federal income poverty level — about $45,000 per year for a family of four. Those families are eligible for $6,000 per child over the age of three.

Controversy

For a broad spectrum of reasons, the legislation has been met with criticism. Questions of constitutionality have clung to the bill since its inception, which Gordon addressed in a letter to Secretary of State Chuck Gray. 

“While the intent to support education and parent choice is commendable, my analysis [of the bill] revealed complications,” he wrote.

The constitutionality debate hinges on an apparent contradiction in the state’s supreme governing document. The constitution prohibits public funding for private or parochial schools, but article 16, section six, states “Neither the state nor any county, city, township, town, school district, or any other political subdivision, shall: Loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessary support of the poor.”

Another constitutional question revolves around the separation of church and state, and provisions that explicitly prohibit the allocation of funds to schools with religious affiliation. 

The passed version of the bill does not restrict funding to such entities, meaning that qualifying families in Fremont County could spend their vouchers at St. Margaret’s, Trinity Lutheran, and Elevation Academy, among others.

In his letter, Gordon stated that he is “prepared to risk” the potential that public funds allocated via the law could be at odds with the constitution, and that failure to address such concerns could “undermine [the program’s] viability and legitimacy.”

Gordon also noted that the legislation could “pose challenges for the K-12 public school system,” –  an opinion that public education advocates have maintained – “[but] may also bring benefits associated with increased competition.” Gordon signed the bill despite his admitted hesitations.

Wyoming Education Association President Grady Hutcherson said in a statement that the bill’s potential to siphon funds away from public schools should have been grounds for a complete veto. 

“This is a devastating day for our public school system, and now all we can do is brace ourselves for the unquestionably negative impact,” he wrote.

Competition, opportunity

Others see the bill as a win for families seeking the ability to make personal decisions for their families. 

Rep. Ken Clouston (R-Gillette), who sponsored the bill, said in a late February update that the voucher program could boost education opportunities where they are lacking, particularly in the pre-kindergarten age group.

In Fremont County, private religious schools at the heart of the bill’s impact have had mixed reactions. Trinity Lutheran School Interim Administrator Karen Olson believes the signed version of the bill doesn’t do enough for families who’d like to enroll in private religious schools but can’t afford to.

“We are disappointed,” Olson said. “We know that there are people who, even though they pay taxes, are not able to use that money to actually send their child to a place where they would be happier.”

The program will draw funding from the state’s general fund.

Olson’s primary grievance stems from Gordon’s decision to limit the number of families who will be qualified to tap into the assistance pool.

“A majority of our student families are not wealthy, but as it stands, only two out of our enrolled 41 would qualify next year,” Olson said.

Since the bill’s passing, Trinity hasn’t experienced a significant uptick in enrollment or interest. Olson noted that such inquiries likely wouldn’t come until mid-summer anyway, but she doesn’t expect the school’s total enrollment to meaningfully increase “due to the limitations of the bill.”

According to census data, roughly 50% of households in Fremont County are earning less than or equal to 150% of the federal income poverty level, and would thus be qualified to access the private school vouchers.

“We have had families reach out who are limited by the tuition factor,” said Olson. “That’s nothing new. A better version of this bill would have opened up options for folks who cannot afford any option besides public school.”

Trinity Lutheran has its own scholarship programs, but Olson said that those are typically depleted by early summer, before most prospective families inquire about assistance.

As for the bill’s constitutionality, Olson shared her personal take. 

“I do wonder, when private taxpayers contribute money, why does someone else get to decide what is a valid way to spend it? People say state funds shouldn’t go to a religious institution…Well, they came from a religious person.”

Ultimately, she concluded that the bill is a first tangible step in a movement that has long pushed for “educational choice.”

“This time, it falls short,” Olson said. “We know private education is a difficult conversation, but there has to be a win-win somewhere.”

Meagan Mosbrucker, principal of St. Margaret’s Catholic Elementary School, was tentative about celebrating, noting that the legislation will likely have to weather a series of lawsuits.

“I am pleased that it has gone as far as it has,” Mosbrucker said. “I feel hopeful that St. Margaret’s will benefit in some way, but there are a lot of questions that need to be answered.”

As for Gov. Gordon’s line-item vetos, Mosbrucker observed that it’s common for tuition assistance bills to be cut down after the draft stage. 

“I wasn’t surprised [by the vetoes], but we can’t be sure that the resulting bill will allow new families to make a financial commitment [to St. Margaret’s],” she said. 

For now, all concerned parties in Fremont County are on standby, keeping a watchful eye on the new program as its impact comes into focus.

“There has been a lot of dialogue already, but I don’t think it has yet gained the traction that it soon will,” said Mosbrucker. “I anticipate more conversations.”