Wyoming Supreme Court Upholds ESA Program

For more information or to schedule an interview, contact Mairead Elordi at [email protected] 

Wyoming Supreme Court Upholds ESA Program Defended by EdChoice Legal Advocates and Institute for Justice 

INDIANAPOLIS — The Wyoming Supreme Court has upheld the state’s education savings account (ESA) program, preserving educational opportunities for families across the state and marking a major victory for educational freedom. 

Last year, the Partnership for Educational Choice, a joint project of EdChoice Legal Advocates and the Institute for Justice, intervened in a lawsuit challenging Wyoming’s ESA program on behalf of families seeking access to more educational options for their children. 

Earlier this year, Thomas M. Fisher, EdChoice’s executive vice president and director of litigation, presented oral arguments before the Wyoming Supreme Court defending the program and the rights of families to choose the learning environments that best fit their children’s needs. 

“This ruling is a major victory for Wyoming families and for the principle that parents, not government systems, are best positioned to decide how their children learn,” Fisher said during oral arguments before the court. “The court rightly recognized that Wyoming’s ESA program expands educational opportunity while remaining fully consistent with the state constitution.” 

The lawsuit challenged the Steamboat Legacy Scholarship Act shortly after Wyoming enacted the program in 2024. EdChoice Legal Advocates and the Institute for Justice intervened on behalf of families including Nicolette and Travis Leck of Cody, Wyoming, and Victoria Haight of Casper, Wyoming, who sought to protect their ability to access educational options aligned with their children’s needs and their family values. 

“We are extremely grateful for the Wyoming Supreme Court’s common-sense decision lifting the injunction and allowing school choice to move forward,” said Wyoming mom and intervenor Nikki Leck.  “As a family involved in this case, we believe this ruling restores fairness, respects parental rights, and gives Wyoming families meaningful, affordable educational options for our children.”  

As educational freedom continues expanding across the country, legal challenges frequently follow new school choice programs. The Wyoming ruling represents an important victory not only for Wyoming families, but for parents nationwide seeking greater flexibility and opportunity in education. 

Read the full decision here. Learn more about the case and families who fought for this victory here.    

EdChoice Legal Advocates will continue defending educational freedom and standing with families whenever these opportunities come under legal attack.