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October 2024

Resources for Yes on 2, KY's school choice ballot initiative

School choice snapshotOn November 5, Kentuckians will have the chance to amend the state's constitition allowing the legislature to consider the kinds of school choice programs that are benefitting millions of students - and not harming public schools - in 48 other states.

I've been writing and speaking on this topic and people often ask me if there's a one-stop website where they can get information about Amendment 2 to better understand it and to counter the claims of its opponents. This post, which I'll continue to update as more information becomes available, is intended to be that place.

First up, you've just got to see this image above, because it illustrates so clearly how Kentucky is so far behind the rest of the country on this issue. Every single state that touches us, and nearly every state in the United States, has adopted some form of school choice program.

And of course public education is doing just fine in most states. In fact, the following graphic illustrates examples of school choice states that are outperforming Kentucky educationally.

Ohio chartSo where can you get more information to defend Amendment 2?

Social media groups

First, you should like and follow the following Amendment 2 groups that have a strong social media presence:

An overview of Amendment 2

Next, check out the Amendment 2 Frequently Asked Questions page, developed by the Bluegrass Institute (where I serve on the Board of Scholars).

School choice SAVES money for state budgets

Have you heard public school employees taking about how Amendment 2 will cost millions of dollars that will come directly from the funds for public schools and cost hundreds or thousands of teacher jobs? These claims are based on junk "research" and perposterous assumptions that don't align with how school choice actually works:

  • Teachers are hearing these things from their superintendents, who keep repeating a debunked report by the Kentucky Center for Economic Policy, a left-wing outfit deeply backed by teachers unions. In this article, I explain how the superintendents get this wrong, and why they should stop making these dishonest assertions.
  • Whatever school choice policy Kentucky adopts as a result of Amendment 2, it won't use dollars the state has set aside for public education to fund it. In this article, I explain how school funding won't change as a result of Amendment 2. School choice programs will be funded by line items in the biennial state budget just like university funding, veterans hospitals, and road projects. Kentucky has a state budget of around $15 billion. We can afford good public schools, good roads, and programs that help low- and middle-income families access more educational choices.
  • Research from other states clearly illustrates that school choice programs actually have a net positive effect on state budgets. This is because whatever costs states incur to create school choice programs are offset by the savings to the public education system. Kentucky spends an average of $18,000 per pupil per year on students in the public schools. Students attending nonpublic options on state-funded scholarships or in public charter schools cost the state far less money, resulting in a net cost savings. See this report from the national organization EdChoice, and the graphic below, which illustrates how this works.

Fiscal effects

Amendment 2 opponents don't believe their own rhetoric

The yard signs and and social media messaging of Amendment 2's opponents declare that "public dollars are for public schools." But this thinking is wrong on several counts. First, "public dollars" are taxpayer dollars, and the money taxpayers give for education is not for schools - it's for educating students, who should have options of their education provider, regardless of family income. This is the same principle we apply to a wide variety of public goods that are nevertheless also personal benefits for individuals who we grant the dignity of choosing where that benefit is used. See my article that discussing many examples

Worries about government overreach

Some advocates for private education and homeschooling have expressed worries that if Amendment 2 passes, the state government will somehow have control over the curriculum or teaching methods used in nonpublic school environments. This has just not been the case in other states. School choice programs generally respect the autonomy of private schools and homeschool families who participate, and schools and families always have the option not to participate. Read my article where I discuss the implications of Amendment 2 for homeschoolers specifically.

When Kentucky adopted its Education Opportunities Account program in 2021 - which was subsequently struck down by the state supreme court, triggering the need for Amendment 2 - the state legislature made it clear how they intended the law would not interfere with the autonomy of participating schools. See the specific language from the law below, which should reassure Kentuckians voting for Amendment 2.

School autonomy under HB 563

The bottom line

The bottom line is that school choice works and we know it from the experience of other states. Florida has some of the oldest and biggest school choice programs in the U.S. If school choice harmed public education, we should see the evidence in Florida. But in fact, Florida's public school students routinely outperform Kentucky's public schools students while spending less money per pupil than we do. Public education is thriving in school-choice rich states like Florida. Read this policy brief comparing Florida and Kentucky from the Bluegrass Institute.

Amendment 2 does not create a school choice program. It simply says Kentucky's legislature can consider and pass the same kinds of programs that benefit kids in nearly every state in the U.S. Kentucky's students deserve the same opportunities as kids in other states. Vote yes on 2!

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School choice amendment does not change how Kentucky schools are funded

Amendment 2, coming up on the November ballot, asks voters to change the state constitution clarifying that lawmakers may, at some point in the future, pass legislation providing support for eligible families to access new educational opportunities. This is a response to a Kentucky Supreme Court ruling that prohibits any support, no matter how small, for students outside of traditional public schools.

Opponents of Kentucky’s Amendment 2 falsely claim that if passed, millions of dollars will be drained from the state’s public schools. But the actual wording of the amendment, Kentucky law, and previous court cases all make it clear that no such thing will happen. 

Kentucky voters have sent pro-educational choice legislators to Frankfort over the last few election cycles.  This resulted in multiple educational choice programs passing the Kentucky General Assembly.  Unfortunately, Kentucky’s Supreme Court issued an unprecedented decision barring all support for students outside of the public school system.  

The only recourse for voters is to pass Amendment 2.  It makes clear the General Assembly can support all students when it comes to education.  Further, the word “notwithstanding” is used to ensure that activist judges do not strike down innovative education programs via creative legal reasoning.  

Amendment 2 does not create any program by itself, nor does it change the way Kentucky’s public schools are funded. 

Amendment 2 leaves in place various constitutional provisions protecting public school funding, including Section 186 which prohibits the public school budget from being diverted to other purposes.  Nothing within Amendment 2 will allow SEEK dollars, which are the per-pupil funds allocated by the state to public schools for educating students, to be used to fund school choice.

School choice funding will have to come from the state’s general fund and be a line-item allocation in the biennial budget, just like a road project, veterans’ hospital, funding for public universities, and other initiatives that require public investment.

Of course, opponents of Amendment 2 don’t claim road projects or universities siphon money from public schools. Neither should they claim that school choice will use public school funding.

If Amendment 2 is passed, lawmakers may consider a wide range of school choice policy options, including charter schools or privately funded education opportunity accounts, both of which have already been previously approved by the state legislature only to be struck down by activist judges claiming to the state constitution forbids such programs.

Whatever policy mechanism lawmakers eventually choose, the funding for these programs will come from somewhere other than the state education budget, while growing the access of Kentucky families to a wider range of education options.

Kentucky is one of the only states where school choice programs are prohibited by the courts. Amendment 2 simply changes that, giving lawmakers the chance to consider programs that give every family the same kind of privilege affluent families practice and enjoy every day: the right to pick the learning environment that best meets their child’s needs.

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