Students First Constitutional Amendment

This past week, Representative Josh Calloway filed the Students First Amendment Constitutional (House Bill 174) which would put a pro-educational choice constitutional amendment on the ballot for Kentucky voters to decide.  If passed, it would allow the General Assembly to support all Kentucky students, regardless of whether they attend a public or a non-public school. 

This legislation was filed in response to a Kentucky Supreme Court decision issued in December that struck down the 2021 Education Opportunity Account Act (“EOA Act”).  The EOA Act was designed to provide need-based financial assistance to families to help cover a variety of education related expenses for public and non-public school students.  In the short term, this decision creates a major hardship for families at a time when students are struggling more than ever before. 

The scope of the decision was breathtaking and broke with all existing legal precedent on similar educational choice programs.  The ruling effectively banned the Kentucky General Assembly from passing an educational choice program that covers K-12 expenses outside of public schools without first holding a statewide referendum.  Even worse, the decision is so broad that it could lay the groundwork for overturning existing programs used by Kentucky families, such as public bus transportation for non-public school students. 

Kentucky is now the only state in our region without an educational choice program.  The Court’s decision runs contrary to the preferences of Kentucky parents who have shown that they want more options. 

Fortunately, there is a solution.  The Students First Amendment would give Kentucky voters an opportunity to decide the issue.  If passed, it would change the state constitution so that the General Assembly can directly support the educational needs of all families.  Polling suggests that Kentucky voters are ready to pass such a proposal.  A recent poll from EdChoice Kentucky found that 54% of registered voters support a constitutional amendment allowing educational choice with only 35% opposing such a proposal.  

The language of the Students First Amendment is simple and can be found below:
 
Contrary to what the opponents will argue, this amendment does not “defund public schools.”  The General Assembly has increased public school funding by billions of dollars in recent years while also passing educational choice legislation.  We can and should support both public and non-public school students.  The amendment simply opens up the door for the General Assembly to invest in more students and relieve the heavy burden carried by thousands of Kentucky parents. 

If you believe that all families in Kentucky deserve support when it comes to educating their children, contact your state representative and leave a message asking him or her to pass House Bill 174. You can leave a message by phone Monday through Friday by calling 1-800-372-7181.  The operator on the line will assist you in getting the message to your state representative.  You can also email your state representative by visiting www.votervoice.net/CCKY/Home