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Kentucky Amendment 2 Compromises the Independence of Private Education

By Sadie Aldaya

The purpose of education is to know God and to make Him known; therefore, we believe education, like religion, is a sacred pursuit outside the jurisdiction of the state.

Kentucky Constitutional Amendment 2 would allow state funding for non-public education.

The Kentucky legislature passed Amendment 2 earlier this year. It will be on your ballot this fall. Amendment 2 will change the fabric of the state government by changing the Kentucky Constitution.


In a Nutshell

Amendment 2 can potentially compromise Education Independence. The language of the amendment and the existing authority by law could give taxpayer money to independent homeschoolers, leading to possible government oversight and regulation of their homeschools or legally changing the definition of the homeschooler in the state.

Below is a summary of the amendment’s language, concerns, and possible implications for Kentuckians. At the bottom of this news bulletin, you will find background information on government-funded homeschooling and resources.


Summary & Details

Section II of the amendment reads as follows:

ā€œSection 2. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS: The General Assembly may provide financial support for the education of students outside the system of common schools. The General Assembly may exercise this authority by law, Sections 59, 60, 171, 183, 184, 186, and 189 of this Constitution notwithstanding.”


Concerns & Possible Implications

Section 186: “All funds accruing to the school fund shall be used for the maintenance of the public schools of the Commonwealth, and for no other purpose.

Would Section 186 Necessitate Private and Homeschools to Become Public Schools?

We have seen instances in other states where homeschoolers opt in for a program, and they are no longer legally classified (with its protections) as homeschoolers.

In Arizona, for example, the student is legally referred to as an ā€œESA studentā€ and no longer qualifies as a homeschool student by law, as stated by the Arizona Department of Education. “ESA studentsā€¦are not considered ā€œhomeschoolā€ students by state law.ā€

Section 189: “No portion of any fund or tax now existing ā€¦ shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school.”

Would Amendment 2 Contradict Section 189?

Section 189ā€™s language seems to be very clear on this matter.

The South Carolina Supreme Court recently ruled that the Education Scholarship Trust Fund (ESTF) (Act) was unconstitutional for this reason.


Watch Out for Policy Creep

Although the amendment does not pass School Choice law, we must acknowledge that it provides the opportunity for such legislation and the opportunity for policy creep in Kentucky. To aid your understanding of Education Independence and School Choice, here is an article to help you. In Addition, investigate the resources below before you vote on Amendment 2.


Protect the Constitution & Education Independence on Election Day

Vote

Kentuckians can protect the state constitution and Kentucky from future bad policy.

Before election day, explore the resources below and share this urgent information. Protect Education Independence in your state and vote against the public capture of private education.


You Are Invited!

Classical Conversations cordially invites members of the community to an open forum to discuss Amendment 2. This important event will occur on October 9, 2024, from 6:00 PM to 8:00 PM at the Warren County Public Library, 175 Iron Skillet Ct., Bowling Green, KY 42104.

Join us for an engaging discussion led by Robert Bortins, CEO of Classical Conversations. This event serves as a conservative Christian rally for education independence. 

Kentucky

Resources

Sadie Aldaya profile headshot

Sadie Aldaya is the Manager of Research & Policy for Classical ConversationsĀ® . Sadie and her husband homeschooled for over 20 years. She served as a Classical Conversations field representative for 15 years, providing community and support for other homeschooling families. Sadieā€™s passions are to stop government encroachment in areas where they have no authority or jurisdiction and to see Christians return to a biblical Christ-centered worldview.

One thought on “Kentucky Amendment 2 Compromises the Independence of Private Education

  • Any regulation that could be enacted after the passage of Amendment 2 could also be enacted without the passage of Amendment 2. If the Legislature wants to regulate homeschooling they will. Regardless of Amendment 2. We should try to stop them, but standing against education freedom for others in the Commonwealth is not the way.

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