Kentucky Amendment 2: Have questions? The Courier Journal has answers

A controversial amendment on Kentucky's ballot asks voters to decide whether or not to alter the state's constitution to allow public funds to go to education outside the current public school system.

Proponents of Amendment 2 say it will create choice for families, while opponents say it will have a devastating financial impact on public schools.

But the potential impacts of such a change remain largely unknown, as legislators have not indicated what type of "school choice" program they plan to pursue, should the amendment pass — leaving some voters with questions about what the amendment does and what it means for the state.

The Courier Journal recently hosted a forum with panelists who are both for and against the amendment, and more than 90 community members showed up with questions about how this could affect Kentucky families and schools.

Below are answers to some of those questions.

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Amendment 2 was added to the ballot through a bill passed by Kentucky's General Assembly during the last legislative session.

Kentucky's legislature has a large Republican majority, and the bill passed along party lines — though nine Republicans voted against it and two others did not vote.

Republicans have tried to introduce "school choice" programs in the state for years without success.

Charter schools have been legal in Kentucky since 2017, but none have opened because the state lacks a funding mechanism to operate them. Charter schools are public schools that are privately operated. And in other states, such as Alabama, state funds follow students who choice to enroll in them.

In 2021, Republicans passed a tax credit scholarship program that would have provided dollar-for-dollar tax credits to those donating money toward "education opportunity accounts" that would have helped low- and middle-income families pay for education expenses. Both individuals and corporations would have been able to write off up to $1 million on their state income taxes, and the program could have cost the state up to $25 million in its first year of implementation.

As the state's highest court considered the constitutionality of the program, Republicans also passed a law in 2022 that would have established a funding source for charter schools.

The Kentucky Supreme Court later deemed both laws unconstitutional. Thus, amending the constitution is the only way to implement a program that provides funding to education outside the current public school system.

If the amendment passes, legislators could introduce a bill as early as next session to establish a school voucher program, an education savings account program or funding for charter schools. It's unclear which, if any, route they will take, but the first two would provide money for private school tuition.

Despite receiving tax dollars through one of those programs, private schools would not be held to the same requirements as public schools.

Private schools can refuse admission to students for any reason, and they are not federally required to make accommodations for students with special needs. Additionally, private schools and charter schools can hire uncertified teachers.

Some states do place additional requirements on private schools who accept voucher money, though. For example, in Ohio, private school students using vouchers are required to take the state's accountability tests.

More:Millions continue to pour into campaigns for and against Amendment 2 ahead of election

If Amendment 2 passes, state legislators would decide what program to implement and what stipulations to set. Some states have income requirements for those who receive funds through vouchers or education savings accounts, though others have expanded access to everyone in recent years.

For example, last year Iowa created an education savings account program that was available only for lower-income families. That program is expected to be expanded to include all families by the next school year.

If Kentucky lawmakers pursue a voucher or education savings account program, they will decide how much money each family can receive and can set a cap on how much can go toward those programs. For example, in Alabama

Kentucky legislators will also decide how much money each family can receive and they can set a cap on how much can go toward these programs. For example, in Alabama, tax credits totaling up to $40 million can be given to those who donate toward vouchers — enough for about 3,700 students to access a voucher.

The answer is unknown, because private schools do not have to disclose enrollment numbers or whether or not they are nearing capacity.

It is safe to say that a large amount of Kentucky students would not have access to a private school, should legislators pursue a school voucher program.

The majority of the state's private schools are in three metro areas: Louisville, Lexington and northern Kentucky. Out of Kentucky's 120 counties, 89 have no access to private schools.

Because of this, school leaders in rural counties are particularly worried about the impact the amendment could have on their budgets.

"The consequences would be catastrophic, both to schools and the communities that depend on them," Bullitt County Superintendent Jesse Bacon said about the amendment. He pointed to a recent report that found if Kentucky were to establish a voucher program similar to Florida's, it would take $18 million from Bullitt's annual budget.

Related:What's true about Amendment 2? Fact-checking claims ahead of Election Day

Potentially. In 2021, the legislature passed a law that would have established "education opportunity accounts," which would have helped low- and middle-income families pay for education expenses.

That money could have been put toward private school tuition or homeschooling expenses, like text books and tutoring.

Again, it depends. There is no funding attached to Amendment 2, and is unclear what legislators will do.

Lawmakers could establish a funding source to pay for nonpublic school options, instead of using money earmarked for public schools. However, opponents of the amendment do not believe that will happen.

Instead, they say funding will likely come from the state's education budget, meaning less money for public schools. Again, the amount spent on a new program is dependent on what program is implemented.

In Iowa, each qualifying family receives about $7,600 in their education savings account, which is what the state allocates to public schools for each student. In Kentucky, that rate is roughly $5,700, though it fluctuates from district to district and can increase for students in certain groups, such as those with special needs.

Contact Krista Johnson at [email protected].