Steve Holwerda Executive Vice President of External Relations | EdChoice
Attorneys from the Partnership for Educational Choice will appear in court this Friday to defend the rights of Wyoming families seeking access to the state's expanded education savings account (ESA) program. The legal proceedings will determine if the program can proceed as scheduled this fall or if it will be delayed by a preliminary injunction requested by opponents.
The Partnership, which includes EdChoice and the Institute for Justice, represents two families—Nicolette and Travis Leck, and Victoria Haight—who have intervened in the case to secure their right to participate in the ESA program. Passed with bipartisan support, the program does not divert funds from Wyoming's public schools. It was created in 2024 and expanded to include all students this year. The ESA provides flexible accounts for educational expenses such as private school tuition, tutoring, and therapies.
Thomas M. Fisher, Executive Vice President and Director of Litigation at EdChoice Legal Advocates, stated that "the Wyoming Constitution does not limit educational opportunity—it encourages it." He emphasized that "this program gives families access to a broader range of educational options without touching public school funds."
Approximately 3,500 students have applied for the ESA program, which offers Wyoming families savings accounts valued at about $7,000 for various qualified educational expenses. The launch is planned for the start of the 2025-2026 school year.
IJ Attorney Katrin Marquez remarked on the significance of the program: "This is an important program that is both constitutional and will empower families all across Wyoming."
The Partnership for Educational Choice will argue that:
- The ESA Program is fully constitutional under Wyoming law.
- The funding is separate from public education resources.
- Opponents cannot claim concrete or irreparable harm.
- Families like those represented would face real harm if blocked from participating.
Hearing Details:
WHAT: Hearing on Motion for Preliminary Injunction
WHEN: Friday, June 28, 2025, 9 a.m. MT
WHERE: First Judicial District Court, Laramie County, Wyoming
For more information or to connect with Thomas Fisher or one of the clients involved in this case, contact Chantal Fennell at [email protected].
EdChoice describes itself as a nonprofit organization dedicated to promoting educational freedom and choice. Its mission includes advancing K–12 education opportunities tailored to family needs.
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