The ESA program was established by the Wyoming Education Savings Account Act in 2024, which was amended by the Steamboat Legacy Scholarship Act this year. The program allows eligible students to receive $7,000 annually, beginning in the 2025-26 school year, for various educational expenses, including private school tuition, curriculum, tutoring, extracurricular activities, and other approved education-related costs. Contact wde-esa@wyo.gov with questions.

The application period for the 2026-27 school year has closed. Applications are being reviewed and processed. Applicants will receive an email with their application status by September 1. If approved, applicants will receive instructions for accessing all approved Education Service Providers in the Marketplace.

Legal Challenge

On June 13, 2025, the Wyoming Education Association (WEA) filed a lawsuit challenging the constitutionality of the ESA program. Following the Wyoming Supreme Court’s denial of the request to stay a Laramie County District Court injunction on October 7, 2025, the program was temporarily blocked. The Wyoming Supreme Court has now lifted the lower court’s injunction, and the state is moving forward with the program.

The Supreme Court’s ruling means that the program will proceed and the Department can make payouts while the broader lawsuit continues to be litigated in district court. While no one can predict future legal outcomes, lifting the injunction means the state is authorized to distribute these funds to families. The current litigation focuses on whether the state’s funding mechanism itself is constitutional, and there is no indication that participating parents or schools would be held personally liable for repayment of properly disbursed funds if the law were overturned.

2025-26 Funding
Because the lifting of the injunction is not retroactive, full costs from the year cannot be reimbursed. However, the fourth quarter payment of $1,750 is eligible to be rolled over into the 2026-27 school year for students previously approved in the ESA program who were not enrolled in public school for the 2025-26 school year.

2026-27 Funding
For families with students who were enrolled in the program for the 2025-26 school year, the application will prepopulate the previously provided information for your confirmation. Families applying for the first time can access the ESA Family Handbook for helpful information. Families enrolled for the 2025-26 school year but not intending to proceed with the 2026-27 school year should contact wde-esa@wyo.gov to unenroll their student.

FAQ

The Wyoming Supreme Court recently lifted a lower court’s injunction, which means the state is officially authorized to move forward with the ESA program and distribute funds to families. The underlying case on the constitutionality of the program is still being litigated.

Yes, partially. Because the lifting of the injunction is not retroactive, full costs from the year cannot be reimbursed. However, the fourth quarter payment of $1,750 is eligible to be rolled over into the 2026-27 school year for those students previously approved in the ESA program and not enrolled in public school for the 2025-26 school year. 

Families will verify eligibility through completing the 2026-27 school year application. If your student was previously approved for 2025-26 and you did not explicitly unenroll them, your application information will prepopulate to verify or make any necessary changes. 

You can email WDE-ESA@wyo.gov for confirmation of your student’s enrollment status.

ESA Program funds can be utilized for eligible purchases through the Marketplace on the Odyssey platform. Four categories of expenses can be submitted for consideration for reimbursement:

  • K-12 curriculum that includes one or more of the required core content areas of reading, writing, math, civics, history, literature, or science. PK curriculum that includes instruction necessary for preparation to enter kindergarten.
  • Entrance or admission fees for students only into museums, educational facilities, zoos, historical, scientific, artistic, or cultural institutions, etc.
  • Transportation fees for service (travel to and from ESP via bus, taxi, Uber, Lyft, etc.).
  • Internet fees.

The broader lawsuit is still being litigated in district court. However, the Supreme Court’s ruling allows the program to proceed and make payouts while that legal process continues. While future legal outcomes cannot be predicted, the state is currently fully authorized to distribute these funds.

The ongoing litigation is focused on whether the state’s funding mechanism for the ESA program is constitutional.

There is no indication that participating parents or schools would be held personally liable for the repayment of properly disbursed funds if the law were to be overturned later on.

If you wish to unenroll your student or have specific questions about changing your application status, you can email the ESA program.

Additional Updates

  • Program Withdrawal: If you are currently an eligible participant and plan to move from Wyoming or do not wish to continue participating in the program, please email wde-esa@wyo.gov to un-enroll from the ESA program. Timely notification will help in efficiently managing the participant roster.

Program Details

  • Wyoming residents age 4 years and in pre-k through grade 12.
  • Students not enrolled in a public school for the 2025-26 school year.

Additional qualifications for Pre-kindergarten students:

  • Eligible students can receive $7,000 annually, deposited into an ESA account for their educational expenses.

Families can use ESA funds for various education expenses, including:

  • Tuition and fees at a participating school;
  • Tutoring services;
  • Classes or extracurricular activities at a traditional public or public charter school;
  • Textbooks and curriculum;
  • Educational technology;
  • School uniforms;
  • Fees for summer education programs and after-school education;
  • Tuition and fees for nongovernmental online learning programs;
  • Educational therapies like behavioral or speech-language therapy;
  • Costs for college admission tests and AP exams;
  • For Fee Transportation costs to education service providers.

  • The WDE is developing a certification process to approve pre-k and non-public primary and secondary schools per the law.
  • A list of certified education service providers, including individuals, organizations, and schools, will be published on this website when available.

  • Parents must ensure their children receive instruction in core subjects and are assessed on academic progress through the state assessment or nationally norm referenced assessment.

Education Service Provider Application

The Wyoming Department of Education launched the Education Service Provider (ESP) application for service providers and vendors on April 1, 2025. An ESP Handbook and an FAQ document will help providers and schools navigate the program. Providers needing technical assistance with the application can email help.wy@withodyssey.com.

Contact
Rachel Bailey

ESA Program Manager

Parents