Legislation to establish charter schools in Kentucky became law in 2017, but the Senate gave final passage Tuesday to a bill that would codify a funding model for such schools moving forward.
House Bill 9 would also authorize two pilot charter school projects in Louisville and Northern Kentucky and change the appeals process if education officials deny an application for a new charter school.
The measure received final passage with a 22-14 vote and now heads to the governor’s desk. It cleared the House floor last week.
House Majority Whip Chad McCoy (R-Bardstown) is the bill’s primary sponsor. However, Senate President Pro Tem David P. Givens (R-Greensburg) presented the measure on the Senate floor.
“What we have before us here in House Bill 9 is an opportunity for us to excel in those places where the students deserve to be in robust programs of excellence,” he said.
Givens emphasized the issue of charter schools is not new to the state. He said the matter was under discussion when he arrived as a newly elected legislator in 2009 and that HB 9 builds on the original measure that passed in 2017.
“This is not something that has been rushed,” he said. “That’s 13 years’ worth of conversation here in Kentucky.”
If an application for a new charter school is denied, HB 9 allows the applicant to ask why and receive technical assistance from the Kentucky Department of Education to improve it. The department is required to provide the assistance.
Another provision allows school districts with less than 7,500 students a way to “veto” a charter school appeal.
Givens said that a small number of students moving out of a small district can have a significant economic impact on a school district. That’s why “there are protections written in the bill for the smallest of districts,” he said.
Lawmakers debated the bill for more than an hour on the Senate floor.
Supporters said the bill will help spur long-needed innovation to the education system while helping close outcome gaps among students. They argued that Kentucky has fallen behind other states in providing the option.
Critics, however, said charters will channel funds away from public schools and into private hands. They also argued that charter schools have a mixed record elsewhere and raised concerns that charters will be exempt from important standards like qualifications for administrators.
Senate Minority Caucus Chair Reginald Thomas (D-Lexington) voted against the measures and said it will allow private entities to buy textbooks, desks and buildings – all with public funds.
“From Pikeville to Paducah, our school leaders are opposed to this bill,” he said. “This is a money grab, so I say follow the money and watch your public dollars go to private hands. And the person who will really pay the price for this will be your child.”
Sen. Robin L. Webb (D-Grayson) also voted against the legislation. She said those affiliated with charter schools might see school funding as a lucrative opportunity.
“They’ve made no secret about it. They’ve said they wanted it. And who are these people,” she asked. “Well, it’s rich donors and billionaires and foundations. What’s the goal here? Well, to get some of the money and also set curriculum, bring people in to teach so they can set the agenda that goes with their agenda.”
Several others, like Senate Majority Whip Mike Wilson (R-Bowling Green), spoke in favor of HB 9.
“As I have said when I carried this bill three different times, it’s a pilot project,” Wilson said. “It’s a tool in the toolbox of education. It’s not looking to take over all of education. It’s just looking to be a tool to be used where needed.”
Kentucky Education Commissioner Jason E. Glass issued a statement following the passage of House Bill 9.
“It is clear that opening a charter school in Kentucky is a priority of the General Assembly,” he said. “However, in spite of Kentucky actually having a charter school law on the books since 2017, none exist in the state largely because the law does not provide stable funding for charter schools. While the funding solution put forth in this year’s bill attempts to remedy this issue, it also creates new constitutional questions relating to the forced transfer of local school funds that ultimately will have to be resolved by the courts.”
He said KDE sent a letter to members of the General Assembly on March 23 “offering up a variety of recommendations we believe would have made HB 9 better for Kentucky students, including streamlining the application process, prioritizing the most at-risk students and suggestions that would have strengthened the funding model for charters.”
“I hope that the General Assembly takes time over the interim to work with education stakeholders on a policy framework that results in better school options for Kentucky’s students,” Glass said.
