Kentucky Supreme Court KOs School Choice

In 2021, the Kentucky legislature passed House Bill 563, creating the Education Opportunity Accounts program. In essence, the program would have allowed people to donate to a fund to pay for private school education in the state. Contributors would have received a dollar-for-dollar tax credit, and the donated money would be used for grants for families to choose where their children receive an education. The program was backed by state Republicans and faced opposition from people who said that the effort would take money away from public schools. Proponents held that the program would provide the chance for parents who might not be able to afford tuition to give their children a better education.

The Associated Press reported that on Thursday, the Kentucky Supreme Court ruled that the program violated the state’s constitution. A lower court issued a similar ruling last year. The legal challenge contended that because the law created scholarship tax credits, it constituted a “diversion of public revenues to private schools.” Opponents claimed that the fund would cost the state up to $25 million each year – money that could go to public schools.

Eddie Campbell, who is the president of the Kentucky Education Association, a teacher’s union, was pleased by the ruling and issued the following statement:

We simply can’t afford to support two different education systems — one private and one public — on the taxpayers’ dime, and this ruling supports that concern. This decision is proof that the courts continue to serve as an important check against legislative overreach.

By contrast, the Bluegrass Institute for Public Policy Solutions stated, “The Kentucky Supreme Court sided with opponents of educational liberty by denying voluntary donations from individuals and businesses to help children trapped in failing schools in the state’s largest counties have access to better schools and brighter futures.”

Kentucky House Speaker David Osborne said, “We will continue efforts to empower parents and families despite pushback from an education administration more interested in satisfying self-serving union interests.”