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House concurs with Senate changes to HB199, approves means‑tested prekindergarten ESA with $30 million annual appropriation

2439097 · February 28, 2025
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Summary

The Wyoming House on Thursday voted to concur with Senate amendments to House Bill 199, approving a means‑tested prekindergarten program delivered through education savings accounts (ESAs) capped at 250% of the federal poverty level and funded with a $30 million annual appropriation.

The Wyoming House on Thursday voted to concur with Senate amendments to House Bill 199, approving a prekindergarten program delivered through education savings accounts that will be means‑tested at 250% of the federal poverty level and funded at $30 million per year.

Supporters said the change balances school choice and fiscal control. Representative John Andrew moved the motion to concur, saying the conference committee adopted most of the other body’s amendments and that the pre‑K provision would be means‑tested to control the appropriation. “We had our meeting with the other body this morning, and we adopted most of their amendments,” Andrew said when presenting the motion. “The conclusion we came to was that we would means test the pre‑k program at 250% of the federal poverty level.”

Advocates argued the program gives families options while limiting state exposure. Representative Kelly urged members who have backed school choice to support the concurrence: “If you have been supporting school choice, a no vote here will really be shooting ourselves in the foot. So please vote aye,” he said on the floor.

Opponents raised constitutional and accountability questions. Representative Harshman asked for the appropriation amount and whether participating providers would be subject to state accountability testing; Andrew replied the appropriation is $30,000,000 per year and that student assessment is included in a flexible way: “You can take the state test or you can take any nationally normed exam… so there’s something that should work for any learning style,” Andrew said. Several members — including Representatives Chastick and others — cited Article 3, Section 36 of the Wyoming Constitution and warned the measure could raise legal challenges if they believed the appropriation improperly directed public funds to non‑public institutions.

The roll call recorded 42 yeas, 19 nays and 1 excused; the clerk announced, “By your vote, you have voted to concur with some amendments to House Bill 199.”

What’s next: The bill, having cleared the House on concurrence, moves back toward final enrollment and the governor for signature under the normal legislative process.

Votes and other formal actions recorded in the debate are reflected in the journal and roll call recorded on the floor.