Kentucky Legislature passes measure to put pro-school choice constitutional amendment on the ballot, giving voters final say

Kentucky took a major leap forward on the path to school choice.

The Kentucky Legislature approved HB 2 on Friday, a constitutional amendment to clarify the state constitution’s language about education funding.

The measure received strong approval in both chambers, passing the Senate by a vote of 27-8 and the House 65-32. 

Unlike most bills, HB 2 does not require the governor’s signature and instead will appear on voters’ ballots in November. 

Bluegrass Institute President Jim Waters celebrated the bill’s progress and explained the impact it would have if approved by voters. 

“It’s important to understand what passage of this constitutional amendment would – and would not – do,” Waters said in a press release. “Passage of this amendment would not determine Kentucky’s specific school-choice policy; rather, it simply clarifies that nothing in the Constitution prevents lawmakers from creating and funding such policies.” 

Currently, Kentucky’s constitution has the language of a Blaine Amendment – a relic of the 19th-century anti-immigrant and anti-Catholic sentiments.  

Inspired by politician James G. Blaine, these amendments restrict public education funds from leaving the government-run school system.  

Even public charter schools – a popular alternative to traditional public schools – haven’t been established in Kentucky due to the Blaine Amendment.  

Education freedom supports say clarifying the state constitution to permit school choice would be a huge step forward for Kentucky students, who aren’t meeting academic standards despite steady funding increases.  

“The Bluegrass Institute and our school-choice coalition looks forward to engaging and informing voters to remove the obstacles that will allow lawmakers to create policies that give parents the opportunity to ensure all children have access to the education that best fits their needs and positions them for a lifetime of success,” Waters said.  

Gov. Andy Beshear and Lt. Gov. Jacqueline Coleman, both Democrats, are staunchly opposed to education freedom, with the latter even threatening lawmakers who approved HB 2.  

“I plan on, if it makes it to the ballot, doing everything I can, not just to defeat that amendment [HB 2], but [to] defeat the folks who support it because they are not what’s best for Kentucky’s kids,” Coleman told local media before the Legislature voted. 

Supporters of the measure, however, are content to let the people decide directly. 

“The decision we’re asking today, is do we have faith, do we trust the voters of Kentucky to make a decision?” asked Education Committee Chairman Rep. James Tipton, R-Taylorsville, co-sponsor of the bill. “Are we fearful that they may not agree with us? They may not agree with what our particular position is? My vote today is going to be to put my faith and trust in the voters of the commonwealth of Kentucky to make that decision.”