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Committee lifts cap on state‑authorized charter approvals, with committee amendments
Summary
The Senate Education Committee voted 4–1 to pass House Bill 94 as amended, removing the statutory cap on new state‑authorized charter school approvals and setting an effective date change to give the authorizing board immediate authority to consider applications.
The Senate Education Committee recommended passage of House Bill 94, which removes the statutory cap that limited the number of state‑authorized charter schools the Wyoming Charter School Authorizing Board may approve. The committee vote on the amended bill was 4 in favor, 1 opposed.
Representative Andrew, sponsor of HB 94, told the committee the bill accelerates the removal of the cap so the authorizing board can review applications now rather than waiting until 2028. “I think the authorizing board has only the capacity to approve so many,” the sponsor said, adding he does not expect a flood of new schools because authorizing boards review rigorous applications and approval timelines typically take about 18 months.
State Superintendent Megan Degenfelder testified in favor, saying arbitrary numeric caps are poor policy and that authorizing boards should exercise their expertise. “I am in favor of this bill,” she said, noting the full application‑to‑opening timeline can run about 18 months and that she did not expect a rapid surge of approvals.
Opponents and cautionary witnesses urged study and review. Tate Mullen of the Wyoming Education Association and Jeff Farmer of the Wyoming School Boards Association asked for interim study and analysis of fiscal impacts. Mullen told the committee a previous round of charter approvals produced an estimated $14.5 million increase to the school foundation account; he warned the cost would be ongoing. Farmer said the prior legislative compromise intentionally limited state‑authorized openings so the legislature could study outcomes before expanding authorizations.
Janine Batevski, chair of the Wyoming Charter School Authorizing Board, said the board’s statutory responsibilities require review of each complete application and that the board has an executive director and staff; she said the board denied an application this year because she believed the applicant was not ready to move forward. Several charter leaders and applicants testified in favor, describing long application processes and local demand for additional options.
Committee members debated whether to remove the cap entirely or adopt a phased increase. The committee adopted a technical amendment to change effective dates (moving application window adjustments to a July 1 effective date) and ultimately approved HB 94 as amended. Roll call recorded 4 ayes, 1 no; the sponsor and supporters said LSO would make conforming changes for implementation.
