If passed, a bill inching towards the governor’s desk for signature may have potential implications for Wyoming school districts.

As it’s currently published, the Wyoming Freedom Scholarship Bill, or HB-199, would approve giving $7,000 annually per student to families who opt for private schooling using $30 million in general funds from the state budget. 

The constitutionality of the bill has been debated  in the Legislature, amongst Wyoming school districts and community members.

Under the bill, funds would be administered on a first-come, first-served basis with some exceptions, and funds would be overseen by the state superintendent. That position would be responsible for creating a certification process for “education providers,” that ensures K-12 students have instruction in “reading, writing, mathematics, civics, including studies of the United States constitution and the constitution of the state of Wyoming, history, literature and science and is assessed on academic progress.”

HB-199 does not require students to be subject to the same standards or assessments as public school students, it only states that students must be assessed on their progress.

As of Wednesday afternoon the bill is slated for a conference hearing where amendments made in the Senate will be confirmed in the House, including provisions for pre-K, changing the name to the Steamboat Legacy Fund and a shift in funding source. Instead of taking a portion of Federal Mineral Royalties (FMR), which is used to help fund public education, the bill now authorizes the $30 million to come out of the state’s general fund.

Previous versions of the bill allocated 48.2% of the portion of the FMR given to the public school foundation account, which carried constitutional concerns from some because it would have been diverting some funds used for public education to private school families. 

In regards to the constitutionality of the bill, Rep. Rachel Rodriguez-Williams (R-Cody) told the Tribune in early February that legal precedent in the U.S. Supreme Court has upheld school choice programs. In a 2002 case the court ruled voucher programs don’t violate the First Amendment provided the funds “are directed by parental choice.”

HB-199 was carefully drafted with legal experts to follow Wyoming’s constitution, she said.

Despite the shift in the source of funding, Park County School District 1 Superintendent Jay Curtis remains opposed to the bill. 

“My opinion hasn't changed. I still think that it's unconstitutional regardless of that amendment,” Curtis said. “I still think that there are multiple other places in our constitution that provide problems.”

In his opinion, last year’s bill, which provided funding to families at certain income levels, was also unconstitutional. That bill, HB-166, received line item vetoes from the governor that eliminated higher income brackets and provides a sliding scale for lower income brackets with a maximum of $6,000 per student.

“He vetoed, because [of] the section of the constitution that says something to the effect of, no money shall be paid to individuals except for the benefit of the poor,” Curtis said.

Curtis thinks that the universal $7,000 per student is problematic because of that section of the constitution. 

“My opposition to the bill is solely resting in the constitutionality of it, and always has been,” Curtis said adding, “I am one who believes that our constitution is an amazing document that has governed the best state in the country, and I just don't think that you get to believe in parts of it and not in others.”

If the bill did have a financial impact it would come from a reduction in public school enrollment, he said.

“I think the greatest driver, the most significant impact that this bill could have on school funding is would come through a reduction in enrollment at public schools,” Curtis said.

Reductions in enrollment could vary drastically from district to district.

The number of students who may choose private schooling would likely “not be significant enough to carry enormous consequences for our school district,” Curtis said.

More impact would come if 100 students moved to homeschool, but there is a cushion in place for districts that experience a big decrease in enrollment. 

“I guess my opinion is that we may see a slight dip in our enrollment, but I don't know that it will be significant enough to carry enormous consequences for our school district,” Curtis said.