Last week, the Supreme Court of Kentucky declared a voucher program unconstitutional. The legislature is controlled by Republicans, the Governor is a Democrat. The ruling was met with delight by friends of public schools.
A Kentucky Supreme Court judge struck down the state’s so-called school choice program Thursday.
The state’s highest court unanimously ruled House Bill 563, officially called the Education Opportunity Account Act, as unconstitutional.
The legislation creates an almost dollar-for-dollar tax credit for Kentuckians who donate to scholarship-granting educational nonprofit organizations.
The measure sparked controversy last year and narrowly passed the Kentucky General Assembly with a 48-47 vote in the House. Kentucky Gov. Andy Beshear (D) vetoed the bill, but both the state House and Senate overrode the veto.
Opponents of the bill argued the measure would divert tax money from Kentucky public schools, while supporters said the measure would help open up new educational opportunities for families.
In the ruling, judges agreed with the bill’s critics, stating that the substance of the bill was “obvious.”
“The Commonwealth may not be sending tax revenues directly to fund nonpublic schools’ tuition (or other nonpublic school costs) but it most assuredly is raising a ‘sum… for education other than in common schools,” the ruling states.
Eddie Campbell, president of the Kentucky Education Association, a labor group that represents thousands of educators in the state, applauded the court’s decision, calling the ruling a “victory” for the state’s public schools and public school students.
“It’s always been clear to the plaintiffs and their supporters that the Kentucky Constitution prohibits any attempt to divert tax dollars from our public schools and students without putting the question to voters,” Campbell said in a statement.
“We simply can’t afford to support two different education systems — one private and one public — on the taxpayers’ dime, and this ruling supports that concern. This decision is proof that the courts continue to serve as an important check against legislative overreach,” he added.
Between Kentucky’s Governor and Supreme Court, it’s becoming my favorite state for education!
Florida’s legislature tried to send money to private schools, but that was rejected by the courts. Then they created the scheme in which corporations (only large corporations pay any income tax in Florida) could offset their taxes dollar for dollar by contributing to the voucher fund.
That too went to the courts. This time, they ruled that the plaintiffs had no standing to sue! Precedent in Florida says the legislature cannot indirectly (through tax rebates) do that which it cannot do directly. In effect, the court said the legislature can make decisions about what the state constitution means and no one can challenge that.
Glad to see the Commonwealth’s courts upholding the state constitution. If more state did, we’d have less of this nonsense.
Steve, you are so right. State courts in states like Indiana have decided to ignore the plain language of the constitution, which forbids any diversion of public funds to religious schools.
A few years back, Alabama was very leery of charter schools. I don’t know what the status is now, but I believe there remains significant resistance to funding beyond common schools. Conservatives aren’t all on board with the “choice” grift.
Diane Our 2022 Orwellian Word of the Year: WORKAROUND.
A joyous season to you and yours. CBK
Thanks, CBK. I don’t think I have ever used that word.