FRANKFORT 鈥� The Kentucky Senate on Friday joined the House in passing legislation for a constitutional amendment 鈥� called a 鈥済ame changer鈥� by one Republican supporter 鈥� that would allow public dollars to fund nonpublic schools.

In a vote of 27-8, senators approved House Bill 2. Eastern Kentucky Republican Sens. Brandon Storm and Phillip Wheeler joined six of the seven Senate Democrats in opposing the bill. Democrat Robin Webb did not cast a vote, nor did Republicans Jared Carpenter and Brandon Smith.

Because the bill would amend the Kentucky Constitution, voters will decide the proposal鈥檚 fate in November. Democratic Gov. Andy Beshear, who has , will not be officially weighing in because constitutional amendments are not subject to gubernatorial veto.

The Senate Education Committee chairman, Sen. Stephen West, R-Paris, said the bill could pave the way to offering 鈥渟chool choice鈥� to Kentuckians. During the House鈥檚 debate, Speaker David Osborne admonished members for speaking about possible future legislation stemming from the amendment, rather than the bill before them.

West said the constitutional amendment is an attempt to 鈥渕odernize鈥� the state鈥檚 education system.

鈥淭his is a game changer,鈥� West said. 鈥淭his will dictate where we are 25 years from now.鈥�

The bill鈥檚 primary sponsor, House Republican Caucus Chair Suzanne Miles, of Owensboro, has said the bill would 鈥渓et the voters decide鈥� if the General Assembly should have the option of funding education outside the 鈥渟ystem of common schools,鈥� an option not allowed by the Constitution adopted in 1891.

In the Senate, Republican leaders backed the bill. Senate President Pro Tem David Givens, of Greensburg, argued that it鈥檚 not new for public dollars to go to private entities. He pointed to contractors who build roads.

鈥淚f I had the list of vendors for which we send public funds to private entities, I can certainly more than fill my 10 minutes, Mr. President, reading that list of vendors,鈥� Givens said.

Majority Floor Leader Sen. Damon Thayer, of Georgetown, urged Democrats to visit blue cities across the country in states like New York and California.

鈥淭he minority party and the education establishment here in Kentucky continue to protect the status quo despite the shift that is happening nationwide in blue cities and blue states in favor of more and more 鈥榮chool choice,鈥欌�� Thayer said.

Like their House counterparts, Senate Democrats raised concerns about the bill being fast-tracked through the General Assembly this week. Democratic Caucus Chair Reggie Thomas, of Lexington, called it a 鈥渇lawed approach鈥� to doing the public鈥檚 business on a bill of such importance. The Senate Education Committee forwarded the bill in . The House gave its approval Wednesday despite .

West pushed back on Thomas鈥� point, saying the bill is two-pages long and has been made public since January.

Sen. Cassie Chambers Armstrong, D-Louisville, admonished the proposed amendment for 鈥渘otwithstanding,鈥� or suspending, seven sections of the 1891 Constitution.

鈥淚 worry Mr. President, that we are so desperate to pass this amendment and give money to private schools to take it away from our public schools that we are risking shredding the Kentucky Constitution to make that happen,鈥� she said.

Kentucky鈥檚 Constitution strictly bars using tax dollars to fund any but the state鈥檚 鈥渃ommon schools鈥� (or public schools), and courts citing the Constitution have struck down legislative attempts to steer tax dollars into private or charter schools.

Courts have struck down the General Assembly鈥檚 charter school legislation. In December, wrote that charter schools are 鈥減rivate entities鈥� that do not meet the Kentucky Constitution鈥檚 definition of 鈥減ublic schools鈥� or 鈥渃ommon schools.鈥�

The unanimously struck down a Kentucky law in December 2022 creating a generous tax credit to help families pay for tuition at private schools. , which upheld a circuit court ruling by Shepherd, cited a long line of precedent reinforcing the Kentucky Constitution鈥檚 ban on the state financially supporting private schools.

Democratic Floor Leader Sen. Gerald Neal, of Louisville, said Kentucky鈥檚 existing public schools are already 鈥渟imply underfunded鈥� and should be prioritized. The General Assembly has yet to finalize the next two-year state budget.

鈥淚 think we have the capacity to do it,鈥� Neal said. 鈥淭he question is, do we have the will? Do we have the commitment? Do we have the wisdom to do it?鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com. Follow Kentucky Lantern on and .

LINCOLN 鈥� The next front in Nebraska鈥檚 school choice fight could shift toward a proposal by State Sen. Ben Hansen of Blair under which the state would deposit $1,500 a year per student into a new type of state-managed savings account for parents and guardians of students attending private K-12 schools.

Using the language of national school choice advocates, Hansen said his goal is to 鈥渇und students, not systems.鈥� He said he has seen other states such as Iowa and Arizona use similar plans to subsidize private school costs.

鈥淧arents are the primary educators of their children, not the government,鈥� he told the Legislature鈥檚 Education Committee on Tuesday. 鈥淥ur role should assist parents in that job.鈥�

would let people use the funds for private school tuition, textbooks, school supplies, therapies, books and academic materials approved by the Nebraska Board of Education. The new educational savings accounts for approved or accredited private K-12 schools would begin in the 2025-26 school year.

The accounts would be overseen by the Nebraska State Treasurer鈥檚 Office. But the accounts would offer no tax advantages like the tax-free 529 college savings plans the Treasurer鈥檚 Office currently oversees. Instead, under LB 1386, these accounts would act as pass-throughs for state appropriations into a school choice fund that would be created, invested and managed by the state.

One Fremont-area father testified about his difficulties getting a public school to accept his option-enrollment daughter with moderate hearing loss, because she had an individualized education program, or IEP. He and others said the voucher program would make it easier for them to afford private school.

Opponents testified that they wanted public dollars spent on public schools.

Critics point to constitution

The fiscal note said if 80% of Nebraska鈥檚 33,611 private school students applied for the fund it could cost the state $40 million.

The note also estimated the State Treasurer鈥檚 Office would need $300,000 to administer the accounts. That includes the costs of an auditor to make sure the funds are properly spent.

Critics of the voucher push said the plan would violate the Nebraska Constitution鈥檚 Article VII, Section 11, which says, 鈥淣o appropriation or grant of public funds or property shall be made to any educational institution which is not owned and controlled by the state or a governmental subdivision thereof.鈥�

Royers said private schools would receive public money, an issue opponents raised last year about the new Opportunity Scholarship Act.

Hansen, reached after the hearing, disagreed. He and State Sen. Lou Ann Linehan of Omaha said the U.S. Supreme Court has ruled that state funds can be used this way three times. He explained the Nebraska workaround: The state will be giving state tax dollars to parents and not to private schools, he said.

He said he proposed starting with $1,500 a year because that鈥檚 how much state lawmakers funded last year as a baseline level of state aid per public school student. Iowa last session expanded its student savings account for private school students to the full cost of state aid per K-12 student, $7,598 a year.

Royers said other states starting similar voucher programs have learned that the programs largely help offset the costs of students already attending private schools. He said they don鈥檛 often create a large influx of new students from public schools who couldn鈥檛 otherwise afford to attend. Private school students in Iowa and elsewhere often see large increases in private school tuition rates once state support increases, he said.

And the funding lost to public schools leaves public school students and districts in worse shape, Royers said.

鈥淲e should be learning from the mistakes coming out of other states鈥�,鈥� Royers said. 鈥淭his does not help needy families. It helps private schools.鈥�

Wayne questions Royers

State Sen. Justin Wayne of Omaha, a school choice advocate, asked Royers why it was OK for the state to subsidize private preschool education and private higher education but not K-12.

鈥淚s there something special about those years?鈥� he asked, after Royers did not answer the first few times he asked.

A representative of the Holland Children鈥檚 Movement shared data from its 2023 poll indicating more than 60% of Nebraskans opposed subsidizing private schools with public funding.

Linehan and Education Committee Chairman Dave Murman said they had seen polling that found the opposite, indicating broad statewide support for school choice programs.

鈥淚t depends on how you ask the question,鈥� Linehan said.

Hansen expects the bill to reach the legislative floor this session. Bill opponents, including the NSEA, say they will be ready.

is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor Cate Folsom for questions: info@nebraskaexaminer.com. Follow Nebraska Examiner on and .