AN ACT relating to education; authorizing education savings accounts; creating the Wyoming education savings account expenditure account; providing for a transfer of funds to the Wyoming education savings accounts expenditure account; providing for the use and administration of education savings accounts for education; specifying duties of the state superintendent of public instruction; providing rulemaking authority; making conforming amendments; providing appropriations; authorizing full-time positions; repealing provisions; providing a contingent effective date pending certification by the governor of actions of the Wyoming supreme court; and providing for an effective date.
HB0123 would create the Wyoming Education Savings Accounts Act, establishing a new ESA program administered by the state superintendent of public instruction. Under the bill, eligible Wyoming students could receive state-funded education savings accounts to pay for qualifying education expenses such as private school tuition, tutoring, curriculum, technology, educational software, uniforms, testing fees, therapies, transportation, summer programs, career and technical school costs, and some higher education expenses. The bill also creates a dedicated Wyoming education savings accounts expenditure account, sets quarterly disbursements, requires parent agreements, and directs the superintendent to certify education service providers and maintain program rules and oversight.
The bill sets ESA award amounts on a sliding scale based on household income relative to the federal poverty level, with larger awards for lower-income families. It also includes eligibility for school-age children and certain pre-kindergarten children, requires participating students to take statewide or nationally recognized assessments, and provides procedures for students to move between public school and the ESA program. The measure appropriates $40 million from the general fund for ESA funding, plus additional administrative funding and two full-time positions for the Department of Education, and it directs the superintendent to begin accepting applications by January 1, 2027 for the 2027-2028 school year.
If enacted, HB0123 would add a new chapter to Title 21 governing education savings accounts and would amend several existing attendance and school finance statutes to recognize ESA participation as satisfying compulsory attendance requirements. It would also alter district revenue calculations by adjusting how certain tuition revenues are treated, create a new state account for ESA payments, and authorize the Department of Education and state superintendent to regulate providers, process applications, audit accounts, investigate misuse, and manage payments. The bill would shift public funds toward parent-directed education spending and could affect public school enrollment, private schools, tutoring providers, online programs, therapy providers, and other education service providers.
The bill did not advance, failing introduction in the House by a vote of 25-35-1. That vote suggests limited support in the chamber at the time of consideration. No committee transcript was provided, so there is no recorded discussion to indicate broader support or opposition beyond the floor vote.
The main points of contention are likely the use of state general funds for private or alternative education options, the scale of the appropriation, and the effect on public school enrollment and district funding. The bill also raises policy questions about eligibility limits, income-based award tiers, oversight of providers, and whether the ESA structure adequately protects against misuse while preserving parental choice. Because the bill is contingent on a Wyoming Supreme Court ruling and would repeal prior ESA provisions if effective, its legal and constitutional design is another likely area of concern.