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Supreme Court justices hear school choice arguments in public forum

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SHELBYVILLE, Ky. (LEX 18) — The future of grade school education in the state of Kentucky was presented to our Supreme Court justices today, as supporters and opponents of the school choice bill presented their arguments.

Today’s hearing took place in Shelbyville, where the justices made their annual trip for a hearing outside the courtroom. It’s something the court has done since 1985, to be able to involve the public in the process. The crowd consisted mostly of school choice supporters, like Tammy Nolan who wants to have the option to send her child to private school, but can’t quite afford the tuition without some help.

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“I’m a single mom, so I can’t afford private school tuition,” she said before today’s hearing. “My son was failing and I didn’t have a choice to send my son to another school. I had to stay, stuck in a school district where my son failed everything and nobody helped him,” she continued, before explaining that her son has attention deficit disorder.

Nolan would like for HB 563/564 to pass and become law, because it’ll offer tax payers in some of Kentucky’s largest cities to gain a credit towards tuition costs. Opponents of the bills say it is unconstitutional, and so did a district court judge in Franklin County, which is why this has reached the appellate process with the Supreme Court.

“Tax credits are tax expenditures, and tax dollars should be used for public goods,” said Eddie Campbell, the president of the Kentucky Education Association. “I think it is very clear in our constitution that tax dollars should be used for public goods,” he added.

Attorney Ben Field argued for the right to choice when it comes to schools, and he said this bill’s passage wouldn’t impact public schools in any way.

“All it does is create a tax credit for tax payers who want to provide resources to families to improve their education,” Mr. Field said.

But even if taken at face value, and the constitutionality of it notwithstanding, opponents of the bill just don’t feel as if the public schools are in any position to not receive every available resource, financial or otherwise.

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“95 percent of students in Kentucky attend public schools. That’s where those tax dollars should be going,” Mr. Campbell said, while noting that public schools are underfunded right now, and unable to keep up with the rate of inflation.

A similar case in West Virginia was also taken to the Supreme Court, whose justices ruled very quickly on the matter. Attorneys here don’t believe a decision on the bill will come as quickly.