Amendment 2 in Kentucky: What to know about 'school choice' programs

Kentucky lawmakers could introduce a "school choice" program as early as the next legislative session if a majority of Kentuckians vote "yes" on a proposed constitutional amendment.

Amendment 2, which will appear on the general election ballot, asks voters if they want to change the state constitution to let the General Assembly spend tax dollars on educational opportunities outside the public school system.

While proponents of the change say this would allow Kentucky students to have wider access to a variety of schools that may better suit their educational needs, critics say the amendment would have a devastating financial impact on the state's public school system.

Other states — including Indiana, Florida and Arizona — already have school choice programs that allocate funding for school vouchers, charter schools and educational savings accounts. While the amendment does not have a specific program or funding attached to it, passing it could mean the potential introduction of any of these programs in the commonwealth.

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Here's a breakdown of what programs look like in other states.

School vouchers are state funds families can use to cover tuition at private schools that accept them. The amount allocated per voucher and who is eligible to receive them is up to the state's discretion.

Some programs, including in Indiana, initially targeted marginalized populations, including low-income families. Over time, though, some states changed eligibility criteria for families and are now pushing for universal vouchers that are open to all students. Florida, for example, will eventually let all families receive vouchers worth about $8,500 per student.

Charter schools are tuition-free schools that are publicly funded but independently run.

The schools are required to enter agreements with state and local governments that set student performance standards. However, charter schools get to dictate their own curriculum, staffing and other matters outside government oversight.

Around 7,000 charter schools are open nationwide.

In Kentucky, charter schools have been legal since 2017, but none have begun operations because of a lack of funding. The state legislature tried to create a permanent funding structure the schools in 2022, but Franklin Circuit Judge Phillip Shepherd struck down the law in 2023, ruling it was an attempt to "establish a separate class of publicly funded but privately controlled schools" that would create a "separate and unequal" system.

Educational savings accounts, or ESAs, are government-authorized accounts that let families use public funds for educational opportunities, including tuition, tutoring and school supplies. Like vouchers, program eligibility and funding is up to the state's discretion.

In Iowa, Republican Gov. Kim Reynolds signed a law in 2023 that would let families statewide use up to $7,598 in an "education savings account" for private school tuition. Any money that is left after paying for tuition and fees can be spent on other educational expenses, including online education programs and standardized testing fees.

Tax credit scholarships let taxpayers receive partial or full tax credits when they donate to nonprofit organizations that provide scholarships for private school tuition. For example, Indiana's program lets taxpayers or organizations take advantage of a 50% tax credit if donating to qualified scholarship granting organizations.

During the 2021 legislative session, Kentucky lawmakers passed a tax credit for people who donated money for scholarships to nonpublic schools. However, the Kentucky Supreme Court ruled that program unconstitutional, saying the state constitution prohibits raising funds for nonpublic schools.

Reach reporter Hannah Pinski at @[email protected] or follow her on X, formerly known as Twitter, at @hannahpinski.