Mixed reaction from state leaders, educators on overturning of school choice bill

FRANKFORT, Ky. (WTVQ) – Emotions ranged the spectrum after the state supreme court’s decision to overturn the ‘school choice’ bill, allowing donors to receive a tax credit for supporting private school tuition. During the 2021 legislature, House Bill 563 made it through the general assembly becoming law in Kentucky. Many public school educators are excited about the unanimous decision, while those who supported the bill are now disappointed.

“Really disappointing day for families. You know, you’re talking about people who were really looking forward to being able to send their child to a school that was going to meet their needs,” says Andrew Vandiver, EdChoice Kentucky president.

“Ultimately, it was a victory for every public school student and educator in Kentucky,” says Jessica Hiler, Fayette County Education Association (FCEA) president.

The law’s opponents objected to using the tax code to aid private education. The law’s supporters said tax credits didn’t amount to government spending, even if they decrease revenues. The measure created a form of scholarship tax credits and under it, private donors backing the accounts would have been eligible for tax credits.

“This argument, this issue, ought to be done. Right? We can’t send public dollars directly or indirectly to private or charter schools, nor should anyone try. The answer? Le’s work together to improve our public school systems,” says Governor Andy Beshear. “Let’s provide it funding. Let’s provide that raise so we can get enough teachers in the classroom. Now, let’s invest in technology and social-emotional learning the way that we need to.”

The court says the School Choice bill violated the state’s constitution by raising or collecting money for “education other than in common schools”.

“When you look across the country there’s 30 states that have these types of programs. Every single state surrounding Kentucky has a School Choice program and our kids are now going to be at a disadvantage where they don’t have those same types of choices and opportunities,” says Vandiver.

“Public tax dollars should be earmarked for public schools,” says Hiler. “So we are really, really excited for the decision of the court and super excited it was unanimous, so I think that says a lot.”

FCEA says 90% of students in the state go to public schools. FCEA says there’s no reason to give public funds to private entities as public schools can get innovative in providing different tracks for students.

“Here in Fayette County Public Schools, we have every kind of special program you could think of. We have opportunities for STEM, for Boys of Color, for girls, for engineering, for agriscience. I mean, there are opportunities here and that’s provided with public funds,” says Hiler.

EdChoice Kentucky says the law would have put $ 25 million into an account parents could have used for anything, from tutoring to school tuition to special needs therapies.

“Last two years, our education’s been disrupted, you know, we need these resources more than ever and unfortunately, at this moment, the supreme court decided to strip those rights away from Kentucky students,” says Vandiver.

Kentucky Attorney General Daniel Cameron released a statement saying:

“We’re saddened that parents across the Commonwealth won’t be able to use the needs-based funding provided by Kentucky’s Education Opportunity Account Program to expand learning opportunities for their children. Our office is committed to helping ensure the best educational opportunity for every child.”

Kentucky Education Association president Eddie Campbell praising the ruling saying:

“This is a victory for Kentucky’s public schools and public school students…” adding: “This decision protects the power of the people to decide important questions of public education policy and holds the legislature to account to uphold their oath to support and defend the Kentucky constitution.”

The “American Federation for Children” also spoke out, calling the decision “a blow against common sense and the thousands of families desperate for a better education for their children.”