2024 Kentucky Amendment 2

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School choice amendment
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November 5, 2024 (2024-11-05)

2024 Kentucky Amendment 2 is a legislatively referred amendment to the Kentucky Constitution, which will be voted on as part of the 2024 Kentucky elections. If enacted, the amendment will allow the Kentucky General Assembly to fund charter schools.

Contents

Text

To give parents choices in educational opportunities for their children, are you in favor of enabling the General Assembly to provide financial support for the education costs of students in kindergarten through 12th grade who are outside the system of common (public) schools by amending the Constitution of Kentucky as stated below?

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.

Background

In 2021 the General Assembly passed a law awarding tax credits for donations to private schools. The law was struck down by the Kentucky Supreme Court in 2022 for violating provisions of the Constitution of Kentucky forbidding public funding of private education. [1] The General Assembly passed a separate law in 2022 which would have allowed for the public funding of charter schools and the creation of two pilot schools, which was also declared unconstitutional by a Circuit Court judge in December 2023. [2]

Legislative history

Amendments to the Kentucky Constitution require 3/5 support in both houses of the General Assembly and a majority vote by referendum. The amendment was first introduced on January 26 in the 2024 General Assembly as House Bill 2 by representative Suzanne Miles. [3] The bill passed both houses and can not be vetoed by governor Andy Beshear. It is one of two constitutional amendments to be approved by both houses during the 2024 legislative session. [4]

House vote

Map of the vote
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
Republican yea (65)
Republican nay (12)
Republican abstention (1)
Democratic nay (20)
Vacant seat (2) 2024 Kentucky Amendment 1 house vote.svg
Map of the vote
  Republican yea (65)
  Republican nay (12)
  Republican abstention (1)
  Democratic nay (20)
  Vacant seat (2)

The amendment was approved by the house on March 13 with 65 yeas, 32 nays, and one abstention. [5] Representative Billy Wesley later modified his vote from nay to yea. [6]

House of Representatives
PartyVotes forVotes againstAbstentions
Democratic (20)20
Republican (78)65121
Total (98) [lower-alpha 1] 65321

Senate vote

Map of the vote
Republican yea (27)
Republican nay (2)
Republican not voting (2)
Democratic nay (6)
Democratic not voting (1) 2024 Kentucky Amendment 1 senate vote.svg
Map of the vote
  Republican yea (27)
  Republican nay (2)
  Republican not voting (2)
  Democratic nay (6)
  Democratic not voting (1)

The amendment was approved by the senate on March 15 with 27 yeas, eight nays, and three senators not voting. [4] Senator Johnnie Turner later modified his vote from yea to nay. Brandon Smith and Robin L. Webb, who did not vote, modified their votes to nay. Jared Carpenter, who also did not vote, later modified his vote to yea. [7]

Senate
PartyVotes forVotes againstNot voting
Democratic (7)61
Republican (31)2722
Total (38)2783

Endorsements

No
Statewide officials
State legislators
  • Jacob Justice, representative from the 94th district (2023–present) (voted yes on HB 2) [5]
Organizations

See also

Notes

  1. At the time of the vote, the 24th and 26th districts were vacant.

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References

  1. Schreiner, Bruce (December 15, 2022). "Kentucky Supreme Court strikes down school choice provisions". The Associated Press . Frankfort, Kentucky . Retrieved March 15, 2024.
  2. "Kentucky's charter school bill struck down". Spectrum News 1 . Louisville, Kentucky. December 11, 2023. Retrieved March 15, 2024.
  3. 1 2 Schreiner, Bruce (January 26, 2024). "Prominent Kentucky lawmaker files bill to put school choice on the statewide ballot in November". The Associated Press . Frankfort, Kentucky . Retrieved March 15, 2024.
  4. 1 2 Duvall, Tessa (March 15, 2024). "Can public tax dollars go to private schools? Kentuckians will answer on November ballot" . The Lexington Herald-Leader . Retrieved March 15, 2024.
  5. 1 2 3 4 Duvall, Tessa (March 15, 2024). "Kentucky House approves 'school choice' amendment despite bipartisan opposition" . The Lexington Herald-Leader . Retrieved March 15, 2024.
  6. "Kentucky House of Representatives Vote Modifications by Roll Call Vote" (PDF). Kentucky General Assembly. March 29, 2024. Retrieved March 31, 2024.
  7. "Kentucky Senate Vote Modifications by Roll Call Vote" (PDF). Kentucky General Assembly. March 29, 2024. Retrieved March 31, 2024.