In Kentucky, voters should reject a proposed constitutional amendment being proposed so that voucher fans can crack open the state’s educational piggy bank. Pam Thomas, writing for the Kentucky Center for Economic Policy, explains just some of the potential problems.
Private school vouchers are just the beginning of Amendment 2’s potential harms
To help understand the far-reaching consequences if Amendment 2 passes, here are just three examples of what could happen:
The entire basis on which our education system operates could be undermined
Amendment 2 notwithstands Section 183 of the constitution, which provides that: “The General Assembly shall by appropriate legislation, provide for an efficient system of common schools throughout the state.”
This section was the basis of the state Supreme Court finding the entire system of education unconstitutional in 1989 in the Rose decision. The ramifications of that section no longer applying to education spending are monumental and extend the latitude granted to the General Assembly far beyond providing for vouchers.
- Would the requirement that education be funded throughout the state still apply, or could education spending be concentrated in just a few geographic areas?
- Would equality in spending still be required, or could the General Assembly choose to provide less or more funding in some areas to support political goals or exact punishment on schools or districts they didn’t like?
- Could the entire public system as we know it be abolished in favor of private schools?
These questions are far beyond the scope of any policy discussions that will immediately follow the amendment’s passage. But changes to the constitution will last far longer than the term of any of today’s lawmakers. Removing the protections provided by Section 183 would allow Frankfort politicians to make potentially drastic and unforeseen changes many years into the future.
Direct funding for religious schools
Another constitutional provision that will not apply to the expenditure of public funds is section 189, which provides as follows: “No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school.”
Notwithstanding this language would allow the General Assembly to directly fund religious schools with tax dollars that could include vouchers for school attendance but perhaps other funding purposes as well, including construction of religious schools, as is happening now in Ohio, transportation, or any number of other expenses not currently permitted under the constitution.
The ability to enact legislation for specific schools, counties, districts, education providers, or other purposes
Section 59, which is also notwithstood by Amendment 2, lists specific subjects for which the General Assembly cannot enact legislation pertaining to a particular “individual object, or location”. The intent of this section is to prevent special favoritism or harm to particular localities or interests. Included among the subjects listed is, “To provide for the management of common schools.”
Excepting this provision would allow the General Assembly to, among other things:
- Establish restrictions or requirements that apply to only one school district or school.
- Create different standards and requirements for school boards located in different areas of the state.
- Require the management of one school or school district be turned over to a private entity, including a for-profit entity.
- Establish different academic standards or requirements for schools or school districts depending on location or any other metric the General Assembly might determine.
