A High-Stakes Day in Court: EdChoice Defends Wyoming’s ESA Program in Oral Arguments

In 2024, Wyoming took an important step toward making Milton and Rose Friedman’s vision for universal educational freedom a reality, only to see that progress immediately challenged in court in a lawsuit filed by the National Education Association against state officials.

Earlier this week, that legal fight reached a critical moment in the Wyoming Supreme Court. 

On Tuesday, Thomas M. Fisher, EdChoice’s executive vice president and director of litigation, presented oral arguments defending Wyoming’s education savings account (ESA) program, standing up for families who simply want the freedom to choose the learning environment they believe is best for their children. Last summer, the Partnership for Educational Choice, a joint project of EdChoice and the Institute for Justice, intervened in the lawsuit on behalf of two families who plan to use the program.

Nicolette and Travis Leck live in Cody, Wyoming, with their three children. After the local public school’s classroom environment and academic approach proved to be a poor fit, they enrolled them at a private school with a classical model and stronger academic expectations. There, the boys have benefitted from regular feedback, a more structured learning environment, and focused instruction in music and Latin. The Leck family has applied for the ESA program and asked the court to let them defend it so their children can continue learning in a setting where they succeed. 

Nicolette and her sons attended Tuesday’s oral arguments at the courthouse.

“The Wyoming ESA will give our family the financial freedom to continue choosing an education that truly fits our children, making a classical, values-based school possible — an option that, while available in some Wyoming public schools, is only offered in Cody through a private school. Our kids benefit from a rigorous academic environment that emphasizes strong character and critical thinking,” Leck said Tuesday.
 
EdLA also represents Victoria Haight, a mother of four in Casper. She applied for the ESA program to give her children access to an education that reflects her family’s values. As a former public-school teacher, Victoria recognizes that while public schools serve many families well, they cannot meet every child’s needs, as was the case for her children. She believes Wyoming’s ESA will finally allow her to choose the learning environment that best supports her children’s academic and personal development. She sought to intervene in the lawsuit to protect that opportunity. 

During Tuesday’s oral arguments, Fisher argued that the Steamboat Legacy Scholarship Act is perfectly lawful and does not violate Wyoming’s state constitution.

“The Wyoming Constitution specifically invites the legislature to support education not only through public schools, but through additional means,” Fisher said. “Wyoming’s ESA program supports families who find private options to provide the best education for their children, and it does so without compromising public schools.”

We await an opinion from the court.

As school choice expands across the country, lawsuits routinely follow in the wake of new programs. Opponents know that if they can stop programs in court, they can undo progress we’ve spent the past 30 years making. That reality makes our work not just important, but essential.

When Wyoming’s ESA program was challenged, EdLA stepped in to defend it on behalf of these families and thousands of others who rely on these opportunities. The stakes are clear: whether families will be allowed to access flexible education funds, or whether a promising program will be blocked before it can fully serve students. 

Milton and Rose Friedman believed that education dollars should follow students, not systems, and that families, not courts or bureaucracies, are best positioned to decide how children learn. Protecting that vision today requires vigilance, expertise, and the willingness to show up when programs are under attack.

EdChoice Legal Advocates will continue to stand with families, defend hard-won victories, and keep educational freedom moving forward—even in the courtroom.