Phillip Suderman · June 27, 2025

IJ is a public interest law firm. We represent clients free of charge in cutting-edge litigation defending vital constitutional rights. You can join us by supporting our work here: ij.org/support

Media Advisory
June 26, 2025

For more information or to schedule an interview, contact:
Chantal Fennell, EdChoice
[email protected] | 989-251-8388

INDIANAPOLIS — This Friday, attorneys from the Partnership for Educational Choice—a joint effort between EdChoice and the Institute for Justice—will be in court defending the rights of Wyoming families to access the state’s recently expanded education savings account (ESA) program. At stake is whether the program can launch as planned this fall or will be halted by a preliminary injunction sought by opponents.

The Partnership represents two families, Nicolette and Travis Leck and Victoria Haight, who are among the thousands of parents who have applied for the program. These families have moved to intervene in the case to protect their rights to participate in the program, which was passed with bipartisan legislative support and does not divert funds from Wyoming’s public school system. Created in 2024 and expanded this year to include all students, Wyoming’s ESA program provides families with flexible accounts to pay for private school tuition, tutoring, therapies, and other educational expenses. Opponents filed suit earlier this month to block its implementation.

“The Wyoming Constitution does not limit educational opportunity—it encourages it,” said Thomas M. Fisher, Executive Vice President and Director of Litigation at EdChoice Legal Advocates, EdChoice’s litigation center. “This program gives families access to a broader range of educational options without touching public school funds. Parents, not unions or bureaucracies, should decide what education is best for their children.”

Approximately 3,500 students have applied for the program, which would provide Wyoming families with flexible savings accounts valued at approximately $7,000 to pay for tuition, tutoring, curriculum, therapies, and other qualified educational expenses. It is set to launch at the start of the 2025-2026 school year.

“This is an important program that is both constitutional and will empower families all across Wyoming,” added IJ Attorney Katrin Marquez. “All parents and students should have access to the best educational options for their needs”

On Friday, the Partnership for Educational Choice will argue that:

  • The ESA Program is fully constitutional under Wyoming law.
  • The program is funded separately from the public education system.
  • No plaintiff can claim concrete or irreparable harm.
  • Families like the Lecks and the Haights will suffer real, irreparable harm if the program is blocked, including losing access to their chosen schools and facing severe financial strain.

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

Case Details

To be connected with Thomas Fisher or one of the clients, contact Chantal Fennell at [email protected]. 

EdChoice is a 501(c)(3) nonprofit, nonpartisan organization. Its mission is to advance educational freedom and choice for all as a pathway to successful lives and a stronger society. EdChoice is committed to understanding and pursuing a K–12 education ecosystem that empowers every family to choose the learning environment that fits their children’s needs best. Learn more at edchoice.org.

Related Content