Student Funding

ESA students will receive an annual maximum of $6,000, disbursed quarterly, for eligible educational expenses.

An initial appropriation of $20 million will fund accounts for the program. Up to 20% of the appropriation is reserved for qualifying participants not less than four years of age for up to one year. Unused funds are eligible for applicants in K–12. The remaining 80% of the appropriation is to be awarded to eligible K–12 students.

For program administration, an additional biennial appropriation for Department of Education employees and contractual services were provided beginning July 1, 2024, totaling $880,000.

(Last Updated – May 21, 2024)

Student Eligibility

Wyoming’s ESA program is open to resident pre-K through 12th grade students whose family household income does not exceed 150% of the federal poverty level ($46,800 for a family of four in 2024). To participate in the program a child must be a Wyoming resident and eligible to attend a public school in the state. A student cannot participate if they have graduated high school or received an equivalency certificate.

Children not less than 4 years of age as of August 1 in the ESA application year, but not yet attained the age to attend public school in Wyoming, are eligible but must also meet the family income requirements.

(Last Updated – May 21, 2024)

EdChoice Expert Feedback

A program’s universality is measured on three points: Student eligibility, funding amount and source, and use of funds. Eligibility and funding amount and source have been explained above. Here, we explain how funds for this program may be used.

ESA funds for qualifying expenses include tuition and fees at a qualified school; tutoring services provided by an individual or a tutoring facility, but cannot be provided by an ESA student’s immediate family; services provided for and provided by a public school district, to include individual classes and extracurricular activities and programs; textbooks, curriculum and other instructional or supplemental materials required for instruction required by a curriculum or education service provider; computer hardware or other technological devices that are primarily used to help meet an ESA student’s educational needs; educational software and applications; school uniforms; fees for standardized assessments, advanced placement exams, and exams for university admission and related prep courses; tuition and fees for summer education programs and specialized after school education programs; tuition, fees, instructional materials and exam fees at career or technical schools; educational services or therapies including occupational, behavioral, physical, speech-language and audiology therapies; tuition and fees at institutions of higher education; fees for transportation; and other educational expenses approved by the state superintendent. ESA students are not required to be enrolled, full-time or part-time in a nonpublic school.

(Last Updated – May 21, 2024)

Rules and Regulations

• Income Limit: 150% FPL
• Prior year public school requirement: None
• Geographic limit: Statewide
• Enrollment Cap: Limited by $20M appropriation to 3,333 total participants
• Account Value: $6,000
• Testing Mandates: Statewide or National
• Budget Cap: $20 Million

Parent Requirements:

Parent must enter into an agreement with the state that requires:

• Use of funds for the ESA student for qualified expenses under W.S. 21-2-904 (b)(i).
• ESA students in K–12 receive instruction in, at minimum, reading, writing, mathematics, civics, including studies of the US and Wyoming constitutions, history, literature and science.
• That the ESA student take the statewide assessment or a nationally normed achievement exam.
• Certification that the ESA student is not enrolled in a public school district.
• A parent shall annually provide the student’s resident public school district notice of intent to participate in the ESA program.

School Requirements:

• Certified by state superintendent of public instruction
• May be required to purchase a surety bond if receiving more than $150,000 in ESA funds
• Agree not to refund, rebate or share ESA funds with parents or ESA students, except to the ESA accounts in accordance with procedures established by the superintendent

(Last Updated – May 21, 2024)

Governing Statutes

W.S. 21-2-901 through W.S. 21-2-909; W.S. 21-4-102; W.S. 21-4-301 and W.S. 21-13-310 updated online quarterly; link to be provided in the future

(Last Updated – May 21, 2024)

Legal History

This program has not been challenged in court.

(Last Updated – May 21, 2024)