What does Amendment 2 actually say? Here’s a summary of the controversial school measure
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Kentuckians heading to the polls this year will have two opportunities to weigh in on proposed changes to the commonwealth’s constitution.
The first ballot question, Amendment 1, would make it illegal for those who aren’t United States citizens to vote, even though that’s not currently allowed anywhere in Kentucky.
The second question, Amendment 2, has proven itself to be more high-profile, contentious and expensive. Often called the “school choice” amendment, the measure would, if passed, allow lawmakers to fund private and charter schools.
Supporters of Amendment 2 say it will expand educational opportunities for Kentucky’s students and empower parents to choose what’s best for their child, while opponents argue it would divert much-needed money from Kentucky’s public school systems, leading to reductions in teachers and staff, while subsidizing wealthier families who already pay for private schooling.
Here’s a look at the specifics of the proposed amendment.
What is the question that will appear on the Kentucky ballot?
The full text of the ballot question is as follows:
To give parents choices in educational opportunities for their children, are you in favor of enabling the General Assembly to provide financial support for the education costs of students in kindergarten through 12th grade who are outside the system of common (public) schools by amending the Constitution of Kentucky as stated below?
IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS:
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, Sections 59, 60, 171, 183, 184, 186, and 189 of this Constitution notwithstanding.
What does “notwithstanding” mean?
In the ballot question, voters are asked to give lawmakers authority to fund non-public schools, “notwithstanding” seven different sections of the Kentucky constitution, which was adopted in 1891.
Those seven sections may contradict the addition to the constitution proposed in Amendment 2, so by “notwithstanding” those sections, it creates an exception that takes precedence.
But what are those sections? The question lists them by number, but not by their full text on the ballot.
They are:
- Section 59: This says the General Assembly isn’t allowed to pass “local or special acts” on a range of subjects, including “to provide for the management of common schools.”
- Section 60: No law, except on a range of specific listed issues, including “matters pertaining to the common schools,” can be “enacted to take effect upon the approval of any other authority than the General Assembly, unless otherwise expressly provided in this Constitution.”
- Section 171: Taxes can only be “levied and collected for public purposes only.”
- Section 183: This requires the General Assembly to “provide for an efficient system of common schools” throughout Kentucky.
- Section 184: Taxes cannot be “raised or collected for education” other than public schools “until the question of taxation is submitted to the legal voters, and the majority of the votes cast at said election shall be in favor of such taxation.”
- Section 186: All money in the school fund must be “used for the maintenance of the public schools of the Commonwealth, and for no other purpose.”
- Section 189: No money raised for educational purposes can be “appropriated to, or used by, or in aid of, any church, sectarian or denominational school.”
Why change the constitution?
The legislature’s past attempts to pay for schools other than the commonwealth’s 171 school districts have been defeated in court.
In late 2022, the Kentucky Supreme Court unanimously struck down a 2021 bill that would have created a privately funded, needs-based assistance program to cover educational expenses for families that would have been offset by tax credits. The law also would have created a pilot program that would offer tuition assistance to help students attend pre-K-12 non-public schools in counties with more than 90,000 people.
The tax credit portion of the bill drew criticism for essentially funding private schools with public dollars in a roundabout way through the tax credit system.
The court ruled that the tax credits violated Section 184 of the Kentucky Constitution, finding that “the income tax credit raises money for nonpublic education and its characterization as a tax credit rather than an appropriation is immaterial”
Last December, Franklin Circuit Judge Phillip Shepherd struck down a piece of legislation that would have funded charter schools, writing that “‘charter schools’ are not ‘public schools’ or ‘common schools’” as defined by Sections 183, 184 and 186 of the Kentucky Constitution.
If passed, what changes for Kentucky schools?
Immediately, nothing.
If the amendment is approved, it does not change anything related to school funding on its own.
What it does, however, is allow lawmakers, beginning during the 2025 General Assembly, to consider legislation to pay for other types of schools, like charter, religious or private schools.
What, exactly, the Republican-controlled legislature would do with that power is unclear.
House Bill 2, the legislation passed during the 2024 General Assembly to put Amendment 2 on the ballot, did not include any enabling legislation. At the time of debate, the bill’s sponsor, Rep. Suzanne Miles, R-Owensboro, said such legislation was “irrelevant” to the discussion at hand.
This story was originally published October 24, 2024 at 5:00 AM.
