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FRANKFORT 鈥� Priority GOP legislation that would allow public funding to non-public schools was filed in the Kentucky House Friday.

The primary sponsor of House Bill 2 is Majority Caucus Chair Suzanne Miles, R-Owensboro. The legislation seeks to amend the state Constitution to give the General Assembly the ability to give dollars to 鈥渢he education of students outside the system of common schools,鈥� or non-public schools. If approved by lawmakers, Kentucky voters would decide on the amendment in November.

Appearing with House Speaker David Osborne after filing the bill, Miles said it would be up to voters to 鈥渕odernize our education system.鈥�

鈥淭his has been a conversation for really multiple decades now, so I think it鈥檚 time for us to let the voters decide,鈥� she said.

Osborne said the number assigned to Miles鈥� bill is a 鈥減retty good indication鈥� that it will continue to move in the House. He declined to speculate on how such an amendment would fare at the ballot box, though he predicted it would be an expensive campaign.聽

A similar bill, , had been previously filed by Rep. Josh Calloway, R-Irvington. Miles said her bill was a 鈥渃leaner version.鈥� Calloway鈥檚 bill would require the state to fund non-public schools, unlike Miles鈥� version, which offers the option as the General Assembly sees fit.

Calloway鈥檚 legislation has not received a committee assignment, but it has gained 31 Republican co-sponsors.

The phrase 鈥渃ommon schools鈥� has often been a legal hurdle for previous laws passed by the General Assembly to allow charter schools in Kentucky. Such schools are funded by taxes and allow all children within its district to attend if they meet age requirements.

When striking down a charter school law in December, wrote that charter schools are 鈥減rivate entities鈥� that do not meet the Kentucky Constitution鈥檚 definition of聽 鈥減ublic schools鈥� or 鈥渃ommon schools.鈥�

In December 2022, the Kentucky Supreme Court a Kentucky law creating a generous tax credit to help families pay for tuition at private schools. The , 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.

As for whether lawmakers would look to renew some of those laws struck down in court, Osborne said there were 鈥渄iscussions to be had鈥� if the amendment passes because that involves policy.

鈥淭his is not a policy question,鈥� the speaker said. 鈥淭his is simply a clarification of our constitutional authorities.鈥�

Osborne said the Senate has reviewed the language and was comfortable with it.

Earlier this week, Republican Senate President Robert Stivers said in an interview with multiple media outlets that lawmakers were having a lot of discussions around putting forth an amendment. The push for an amendment is 鈥減robably more of a reflection of doing something with the Jefferson County Public School system,鈥� he added.

Stivers cited reporting from the Courier Journal about the in JCPS and issues with as required under special education law, as well as the more recent that prevented JCPS from opening for a few days in August.

Opening charter schools would depend on how the local community feels about its school system, Stivers argued. For example, a town with a school district like that ranks highly on its assessments may not see a charter school open nearby.

鈥淚 don鈥檛 think you鈥檒l see the impact of a charter school in rural areas, but there will always be that concern,鈥� Stivers said.聽As for arguments that funding charter schools in urban areas could mean less money for rural public schools, Stivers called them 鈥渂ogus鈥� and a 鈥渞ed herring鈥� because of the (SEEK) program, which is the foundation for legislative education funding.

is part of States Newsroom, a network of news bureaus 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 .

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