Isabella Carter
In 2024, Kentuckians voted on a constitutional amendment that would have allowed the state to fund non-public education. The amendment was defeated, upholding the state's longstanding commitment to public education. This commitment was previously affirmed in a 1989 Kentucky Supreme Court decision that found the state's public school system to be constitutionally deficient. The court's decision led to the Kentucky Education Reform Act, which significantly altered education funding and curriculum standards. Despite these reforms, Kentucky students continue to demand that the state provide an adequate public education, as promised by the state's constitution.
| Characteristics | Values |
|---|---|
| Kentucky Constitutional Amendment 2 | Allow State Funding for Non-Public Education Amendment |
| Date of vote | November 5, 2024 |
| Result | Defeated |
| Impact | Would have allowed laws to provide state funding for non-public education |
| Supporters' arguments | Public schools are struggling with poor scores, achievement gaps, chronic absenteeism, and other issues |
| Opponents' arguments | Public dollars meant to support the education of every child will be funnelled into unaccountable private institutions |
| Kentucky Supreme Court decision | The 2021 private school voucher program violated the state constitution |
| Number of states with voucher programs | 20 |
| Number of states with tax-credit programs | 25 |
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What You'll Learn
Kentucky Constitutional Amendment 2
The ballot measure would have added a new section to the Kentucky Constitution. The General Assembly may provide financial support for the education of students outside the system of common schools. The General Assembly may exercise this authority by law, notwithstanding several sections of the Constitution.
The amendment was supported by Kentucky Students First, whose campaign was led by U.S. Sen. Rand Paul (R), State Sen. Donald Douglas (R), State Sen. Damon Thayer (R), State Sen. Steve West (R), and State Rep. Jared Bauman (R).
Thayer commented:
> The minority party and the education establishment here in Kentucky continue to protect the status quo despite the shift that is happening nationwide in blue cities and blue states in favor of more and more 'school choice.'
U.S. Sen. Rand Paul (R) added:
> Public schools can and do great things. But for some of the kids who, generation after generation, we’re losing to poverty and crime, we’ve got to try something that’s a little bit different.
The amendment was opposed by Protect Our Schools KY, whose campaign was led by Gov. Andy Beshear (D), Lt. Gov. Jacqueline Coleman (D), and State Sen. Cassie Chambers Armstrong (D).
Armstrong commented:
> I worry ... that we are so desperate to pass this amendment and give money to private schools and take it away from our public schools that we are risking shredding the Kentucky constitution to make that happen.
Tom Shelton, spokesperson for the Council for Better Education, said:
> [The measure] paves the way for public dollars—funds meant to support the education of every child in Kentucky—to be funneled into unaccountable, private institutions that are not held to the same standards of accountability and transparency as our public schools.
The Kentucky General Assembly enacted a private school voucher program in 2021, which was later struck down by the Kentucky Supreme Court as unconstitutional. That led directly to the legislature putting Amendment 2 on the ballot.
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Kentucky public schools' performance
The Kentucky Constitution guarantees free public education. However, in recent years, there has been a push to amend this. The Kentucky Constitutional Amendment 2, which was on the ballot in November 2024, aimed to allow state funding for non-public education. The amendment would have provided financial support for students to receive an education outside of the public school system. The amendment was defeated.
Kentucky's public schools have been a topic of debate, with some arguing that public dollars meant to support the education of all children in the state could be funnelled into private institutions that are not held to the same standards of accountability and transparency. The state's public schools serve the vast majority of students, including those with the greatest needs, and face significant budgetary constraints.
The amendment proposed in 2024 was not the first attempt to allocate public funds to private education in Kentucky. In 2021, the Kentucky General Assembly enacted a private school voucher program, which was later struck down by the state Supreme Court for violating the state constitution. The 2024 amendment would have circumvented this issue by directly adding a new section to the constitution, allowing the General Assembly to provide financial support for education outside of the public school system.
The debate surrounding Kentucky's public schools centres around the potential impact on students, communities, and budgets. Opponents of the amendment argue that it would widen existing divides in Kentucky communities and hinder the role of education in fostering a healthy democracy. They also raise concerns about the potential for increased segregation and inequality in schools, both racially and economically. On the other hand, supporters of school vouchers believe that they offer "school choice" and provide an alternative for students trapped in cycles of poverty and crime.
While the 2024 amendment did not pass, the ongoing discussion around school vouchers and public funding for private education in Kentucky highlights the complexities of ensuring equitable and quality education for all students in the state.
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Kentucky Supreme Court's ruling
The Kentucky Supreme Court has ruled against attempts to divert public funds to private schools, upholding the state's commitment to public education. In a unanimous decision in December 2022, the court struck down a Republican-backed initiative, the Education Opportunity Account (EOA) Act, which would have provided tax credits for donations supporting private school tuition. The court found that the law violated Section 184 of the Kentucky Constitution, which limits the use of public funds for "education other than in common schools."
The EOA Act was passed in 2021 by the state's Republican-dominated Legislature, despite opposition from Democratic Gov. Andy Beshear, who vetoed the bill. The Act would have created a privately funded needs-based assistance program to cover educational expenses for families and a pilot program offering tuition assistance for students in counties with more than 90,000 people. However, the tax credit portion of the program drew criticism as it essentially used public funds to support private education.
The Kentucky Supreme Court's ruling affirmed a lower court's decision, Franklin County Circuit Court Judge Phillip Shepherd's ruling, that the EOA Act was unconstitutional. The Supreme Court's decision was hailed as a victory for public schools by opponents of the Act, who argued that it would divert much-needed resources from public to private education. Eddie Campbell, president of the Kentucky Education Association, emphasized the importance of using public funds for public schools and improving the state's public education system.
Despite the ruling, supporters of school choice policies remain committed to their goal of providing "educational opportunities" for all Kentucky children. In November 2024, Kentuckians voted on Amendment 2, which would have allowed state funding for non-public education. This amendment was proposed after the Kentucky Supreme Court struck down the General Assembly's attempt to allocate public money to private schools through House Bill 563 in 2021. However, Amendment 2 was ultimately defeated, preserving the state's longstanding commitment to public education.
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Kentucky's commitment to public education
Kentucky has a longstanding constitutional commitment to public education. The state's constitution currently prevents the legislature from using public funds for private education. However, in recent years, there have been attempts to amend the constitution to allow state funding for non-public education.
The Kentucky General Assembly enacted a private school voucher program in 2021, which was struck down by the state Supreme Court for violating the state constitution. This decision led to the proposal of Kentucky Constitutional Amendment 2, which was on the ballot in November 2024. The amendment would have allowed the General Assembly to provide financial support for the education of students outside the public school system.
Amendment 2 sparked debate among Kentuckians. Supporters of the amendment argued that Kentucky public schools are struggling with poor scores, achievement gaps, and chronic absenteeism. They contended that parents deserve other state-supported options for educating their children. They also believed that the amendment would create new opportunities for low-income, minority, and special needs students.
On the other hand, opponents of the amendment expressed concern about the potential impact on public schools and the communities they serve. They argued that public dollars meant to support the education of all children in Kentucky could be funnelled into private institutions that are not held to the same standards of accountability and transparency. They also worried about the precedent of amending the constitution to allow public funding for private education, which could have wide-reaching consequences for state budgets, school districts, and families.
Ultimately, Kentucky Constitutional Amendment 2 was defeated in the November 2024 election, preserving the state's commitment to prioritizing public education.
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Kentucky's Constitutional Amendment on School Choice
The amendment was supported by Republicans, who argued that it would increase "school choice" and address issues such as persistently poor scores and achievement gaps in Kentucky's public schools. They also pointed to a shift happening nationwide towards more "school choice," with similar amendments passing in several blue cities and states. The amendment was opposed by Democrats, who argued that it would divert much-needed funds from public schools and risk shredding the state's longstanding constitutional commitment to public education. They also highlighted the potential for increased segregation and inequality in schools, as private schools can discriminate based on religion, race, sexual orientation, or gender identity.
The ballot measure would have added a new section to the Kentucky Constitution, allowing the General Assembly to provide financial support for the education of students outside the system of "common" schools. This would have overridden seven sections of the state's 1891 constitution, which currently restricts the use of tax dollars to support only public schools.
The proposed amendment sparked a tense and bruising campaign, with both sides holding strong opinions. The Kentucky Education Association, a powerful labor association representing public school educators, actively opposed the amendment. Despite the support from Republicans, who held supermajorities in both chambers of the state legislature, the amendment was ultimately defeated in the 2024 elections.
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Frequently asked questions
Kentucky Constitutional Amendment 2, also known as the Allow State Funding for Non-Public Education Amendment, is a ballot measure that would have allowed state funding for non-public education.
The amendment aimed to provide parents with choices in educational opportunities for their children, including private and charter school options.
The amendment was defeated in the November 2024 vote.
Supporters of the amendment believed that Kentucky public schools were struggling with poor scores, achievement gaps, and chronic absenteeism. They argued that parents deserved other state-supported options and that simply providing more funding to public schools was not the answer.
Opponents of the amendment believed that it would divert public funds meant for all children in Kentucky into private institutions that are not held to the same standards of accountability and transparency as public schools. They also argued that it would undermine Kentucky's longstanding commitment to public education.
