FRANKFORT, Ky. (LEX 18) — School choice supporters in Kentucky have a new approach this year as they try to allow public dollars to support students who aren't attending public schools.
They proposed a constitutional amendment that would allow state lawmakers to “provide for the educational costs of students” outside the public school system.
Why a constitutional change?
The state's last school choice effort was struck down by the Kentucky Supreme Court.
The controversial school choice law, which passed in 2021, would have created a tax-credit scholarship fund in Kentucky. That money could then be used to let kids go to schools other than their local public schools.
But the Supreme Court found that the law violated the Kentucky Constitution.
"Simply stated, it puts the Commonwealth in the business of raising “sum[s] . . . for education other than in common schools," the ruling said.
The ruling was not what school choice supporters wanted to hear, but they say it gave them an idea: a constitutional amendment.
“The Kentucky Supreme Court opinion, while a temporary setback, is actually going to be a really good thing for Kentucky students and Kentucky families going forward,” said Rep. Jason Nemes. “Because we’re going to have school choice in Kentucky, and it’s going to be mighty robust.”
"When the Kentucky Supreme Court struck down the education opportunity act this past December, we knew that we were going to have to take this issue directly to the voters," Andrew Vandiver of EdChoice Kentucky said.
What exactly would supporters be asking voters to do? "They would allow us, as the legislature, to be able to put monies through the state budget outside of common schools in regard to education," said Rep. Josh Calloway, who is sponsoring the school choice amendment bill.
Opponents warn that the measure would divert money away from public schools.
"I believe in our public schools and that our public dollars should only go to our public schools," Gov. Andy Beshear told LEX 18 on Wednesday.
"Most school systems across the Commonwealth - they are the only option in their community," he added. "If there are criticisms of our public schools, let's fund them. Let's fix it. And let's not divert money away from them."
A Statement from the Kentucky Education Association on HB174:
KEA adamantly opposes any proposed legislation that takes funding away from our public schools and hands it over to private schools. That includes HB174. The state Supreme Court has ruled again and again that the Kentucky constitution is clear on this issue; public money can only be used to fund public schools. Period.
This bill is yet another attempt to strip funds from our already underfunded public schools to divert public tax dollars to private schools that are not required to be held to the same standards, regulations, and transparency for the use of public tax dollars as our public schools. The bill provides no oversight of private schools that would receive public tax dollar funding and does not require the private school to administer and report state standardized testing. All of which is required by our public schools.
On Tuesday of this week, the House Education Committee heard testimony about the educator shortage and the impacts these shortages are having on students, educators, and public schools. The future of Kentucky is sitting in our public schools right now, and our students should be the priority. The Kentucky Legislature should be focused on providing a high quality public education for every student in the Commonwealth instead of looking for ways to give public tax dollars to private non-regulated organizations.
