This November, all Kentuckians will have the opportunity to vote on Amendment 2, a proposed amendment to the state Constitution that allows Kentucky legislators to fund private school tuition with public tax dollars.
This amendment not only allows the state legislature to handle tax dollars and public education in whatever ways they choose, it also removes crucial guardrails that protect education access in Kentucky.
In a Letter to the Editor on September 27, 2024, State Rep. Suzanne Miles alleged that Amendment 2 “would remove language from sections of Kentucky’s Constitution that prevent the legislature from having meaningful conversations about [education] options.” What she failed to specify was the content of that language. Amendment 2 negates seven articles of the state Constitution that are critical in safeguarding the integrity of public education.
Article 59 prohibits the legislature from passing laws that target specific areas of the state. Amendment 2 removes protection for statewide consistency in public education, allowing the legislature to pass laws that are favorable for some schools while leaving others destitute. This paves the way for legislators to fund the schools connected with their own hometowns or their largest donors, for example, which would exacerbate class segregation and funnel more money and more power to people who already have more than enough.
Article 60 prohibits the legislature from bypassing public voters and pushing initiatives through the state Congress that favor certain areas. Amendment 2 allows the legislature to enact inequitable laws without giving the public an opportunity to weigh in.
Article 171 requires that taxes only be collected for public purposes. Amendment 2 allows legislators to use public dollars for private and religious education, opening doors for other similar uses like giving preferential treatment to private corporations or public funding to religious institutions.
Article 183 states that the legislature is responsible for establishing an efficient system of public schools. Amendment 2 essentially absolves the legislature of maintaining the public school system, leaving all schools vulnerable to the disinvestment of state funds.
Article 184 prohibits taxation for the funding of nonpublic schools. Amendment 2 allows the legislature to levy higher taxes across the entire Commonwealth that only benefit students in private schools.
Article 186 ensures that education funding is only used to maintain Kentucky’s public schools. Amendment 2 allows education funding to be used essentially for anything, since it does not define allowable education costs.
Article 189 prohibits public education funds from being used for religious schools. Amendment 2 allows public tax money to fund religious education, which violates the separation of church and state and allows churches to benefit from public dollars.
The negation of these articles would leave the state Supreme Court without sufficient grounds to prevent the passage of a myriad of legislation that could upend public education entirely. Voters must be wary of the fact that the legislature proposes no logistical plan for an educational voucher system and supplies no budget or plan for funding. All they are doing with Amendment 2 is disposing of Constitutional protections for public education in order to secure the latitude to institute any program they want without restrictions or oversight.
For the protection of our children and access to reliable education, vote NO on Amendment 2.
Written by,
Maria Clark
