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FRANKFORT 鈥� The Kentucky Senate on Friday joined the House in passing legislation for a constitutional amendment 鈥� called a 鈥済ame changer鈥� by one Republican supporter 鈥� that would allow public dollars to fund nonpublic schools.

In a vote of 27-8, senators approved House Bill 2. Eastern Kentucky Republican Sens. Brandon Storm and Phillip Wheeler joined six of the seven Senate Democrats in opposing the bill. Democrat Robin Webb did not cast a vote, nor did Republicans Jared Carpenter and Brandon Smith.

Because the bill would amend the Kentucky Constitution, voters will decide the proposal鈥檚 fate in November. Democratic Gov. Andy Beshear, who has , will not be officially weighing in because constitutional amendments are not subject to gubernatorial veto.

The Senate Education Committee chairman, Sen. Stephen West, R-Paris, said the bill could pave the way to offering 鈥渟chool choice鈥� to Kentuckians. During the House鈥檚 debate, Speaker David Osborne admonished members for speaking about possible future legislation stemming from the amendment, rather than the bill before them.

West said the constitutional amendment is an attempt to 鈥渕odernize鈥� the state鈥檚 education system.

鈥淭his is a game changer,鈥� West said. 鈥淭his will dictate where we are 25 years from now.鈥�

The bill鈥檚 primary sponsor, House Republican Caucus Chair Suzanne Miles, of Owensboro, has said the bill would 鈥渓et the voters decide鈥� if the General Assembly should have the option of funding education outside the 鈥渟ystem of common schools,鈥� an option not allowed by the Constitution adopted in 1891.

In the Senate, Republican leaders backed the bill. Senate President Pro Tem David Givens, of Greensburg, argued that it鈥檚 not new for public dollars to go to private entities. He pointed to contractors who build roads.

鈥淚f I had the list of vendors for which we send public funds to private entities, I can certainly more than fill my 10 minutes, Mr. President, reading that list of vendors,鈥� Givens said.

Majority Floor Leader Sen. Damon Thayer, of Georgetown, urged Democrats to visit blue cities across the country in states like New York and California.

鈥淭he minority party and the education establishment here in Kentucky continue to protect the status quo despite the shift that is happening nationwide in blue cities and blue states in favor of more and more 鈥榮chool choice,鈥欌�� Thayer said.

Like their House counterparts, Senate Democrats raised concerns about the bill being fast-tracked through the General Assembly this week. Democratic Caucus Chair Reggie Thomas, of Lexington, called it a 鈥渇lawed approach鈥� to doing the public鈥檚 business on a bill of such importance. The Senate Education Committee forwarded the bill in . The House gave its approval Wednesday despite .

West pushed back on Thomas鈥� point, saying the bill is two-pages long and has been made public since January.

Sen. Cassie Chambers Armstrong, D-Louisville, admonished the proposed amendment for 鈥渘otwithstanding,鈥� or suspending, seven sections of the 1891 Constitution.

鈥淚 worry Mr. President, that we are so desperate to pass this amendment and give money to private schools to take it away from our public schools that we are risking shredding the Kentucky Constitution to make that happen,鈥� she said.

Kentucky鈥檚 Constitution strictly bars using tax dollars to fund any but the state鈥檚 鈥渃ommon schools鈥� (or public schools), and courts citing the Constitution have struck down legislative attempts to steer tax dollars into private or charter schools.

Courts have struck down the General Assembly鈥檚 charter school legislation. In December, wrote that charter schools are 鈥減rivate entities鈥� that do not meet the Kentucky Constitution鈥檚 definition of 鈥減ublic schools鈥� or 鈥渃ommon schools.鈥�

The unanimously struck down a Kentucky law in December 2022 creating a generous tax credit to help families pay for tuition at private schools. , which upheld a circuit court ruling by Shepherd, cited a long line of precedent reinforcing the Kentucky Constitution鈥檚 ban on the state financially supporting private schools.

Democratic Floor Leader Sen. Gerald Neal, of Louisville, said Kentucky鈥檚 existing public schools are already 鈥渟imply underfunded鈥� and should be prioritized. The General Assembly has yet to finalize the next two-year state budget.

鈥淚 think we have the capacity to do it,鈥� Neal said. 鈥淭he question is, do we have the will? Do we have the commitment? Do we have the wisdom to do it?鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: [email protected]. Follow Kentucky Lantern on and .

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