Proposed Constitutional Amendment 2: Issues and Concerns

Nearly everyone in Jackson County has some connection to the public schools, they either attended them as students or work for them or both. When you ask folks about Amendment 2, the ballot measure that would rewrite the state constitution to allow public funding to go to private schools in some form of school choice, it's a somewhat abstract concept. Many seem unhappy with the public-school system (for a whole lot of different reasons - some related to legitimate concerns, others purely political) and their first impulse is to favor having a choice. While this may sound fair and good, the issue is not that simple. There are several issues and concerns that Jackson Countians should consider before voting for or against proposed Constitutional Amendment 2.
Since the main attractiveness of the proposed amendment centers around "school choice", one issue is the lack of private school options available for Jackson County parents/students. Most private schools are located near large metropolitan areas such as Lexington and Louisville. While there are two private schools in Jackson County (Annville Christian Academy, and Friendship Christian Academy) these schools are not certified. According to the Kentucky Center for Economic Policy, the nearest certified private schools to Jackson County are the Oneida Baptist Institute and the Appalachian Christian Academy (both in Clay County). Laurel County has only one (1) certified private school, the Cornerstone Christian Academy. Therefore, the opportunity for Jackson County parents/guardians to use a voucher to send their child to a certified private school is very limited.
Some of the administrators of these private schools also have concerns with the proposed voucher program. Off the record, these private school representatives are afraid there would be government strings attached. The very reason they exist as private schools and not public schools involve the desire to avoid government regulations and bureaucracy. Furthermore, the prospects of getting a new private school in Jackson County is unlikely due to limited population size. It simply wouldn't be a sustainable business.
Secondly, if Amendment 2 passes and Kentucky adopts a universal voucher program along the lines of Florida, Jackson County would lose about $5,620,839 a year (according to an analysis by the Kentucky Center for Economic Policy). This money would be reallocated to be used for vouchers if parents should choose to send their child to a private school. Representative Timmy Truett reported, "Let's say not one child leaves the public-school system if the amendment passes and the funding goes just to the kids who are already in the private or homeschool setting. That would mean an automatic cut of at least $1000 to each student currently in the public-school setting." While providing vouchers for a very limited/unavailable choice, this reduction in funding would put a strain on Jackson County schools and teachers. It would inevitably reduce the quality of education afforded to Jackson County students attending the public schools. In order to maintain and/or improve public school education this money would inevitably have to be replaced.
In 1989, in Rose v. Council for Better Education, the Kentucky Supreme Court held that the state had failed in its duty, set forth in Section 183 of the Constitution of Kentucky, to "provide for an efficient system of common schools." One of the central tenets of the Rose decision was that the General Assembly must "provide equal educational opportunities to all Kentucky children." The court explained:
"The system of common schools must be adequately funded to achieve its goals... [and] must be substantially uniform throughout the state. Each child, every child, in this Commonwealth must be provided with an equal opportunity to have an adequate education. Equality is the key word here. The children of the poor and the children of the rich, the children who live in the poor districts and the children who live in the rich districts must be given the same opportunity and access to an adequate education."
One option to replace the deficient funding would be an increase in school taxes as part of the property tax. Jackson County is ill-suited to do this since the county is home to 56,000 acres of National Forest. While the voucher program may hypothetically facilitate a student or two going to a private institution like OBI, it would mean that all the rest of Jackson County students and parents would pay the price of decreased education quality and possibly even higher taxes.
Thirdly, is the issue of accountability. Some individuals are advocates for school choice are concerned about school performance. With that in mind let us compare public schools with private schools. Public schools are held accountable. The schools are tested annually. As a result, the Jackson County School District can "quantitatively" say that the public schools in Jackson County are performing well and continue to show improvement. McKee Elementary is in the top 11% in the entire state! The Jackson County High School has been a high achieving school for two consecutive years. This is a grand improvement from past assessments. While there is certainly room for improvements, the required state assessments serve to monitor and facilitate this improvement to occur. In addition, public schools are obligated by law to not discriminate and to provide all students with a quality education regardless of socioeconomic circumstances, religion, sex, physical/mental disorders, etc. Compare this to private schools. Private schools are not tested. How would the success of taxpayer contributions to a private school be monitored and proven? How can that system assure that the taxpayer's money is being used effectively. In addition, public schools also reserve the right to admit or deny any student for any reason. Understand this is not meant to bash or diminish private schools. It is simply intended to illuminate how taxpayers money would be used in a private voucher system. Public schools, by law, are for everyone. Private schools reserve the right to be selective.
The fourth issue involves the integrity of our Constitution. It is important to understand that the Kentucky General Assembly enacted a private school voucher program in 2021 and legislation was filed to expand the program before the state Supreme Court struck it down for violating Kentucky's constitution. That decision led directly to the legislature putting Amendment 2 on the ballot.
On Election Day, Kentucky voters will be asked to consider proposed Kentucky Constitutional Amendment 2, which states:
"To give parents choices in educational opportunities for their children, are you in favor of  enabling the General Assembly to provide financial support for the education costs of students in kindergarten through 12th grade who are outside the system of common (public) schools by amending the Constitution of Kentucky as stated below?
IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF
KENTUCKY TO READ AS FOLLOWS:
The General Assembly may provide financial support for the education of students outside  the system of common schools. The General Assembly may exercise this authority by law, Sections 59, 60, 171, 183, 184, 186, and 189 of this Constitution notwithstanding."
The Kentucky Education Association asserts that the term "Nothwithstanding" is the word they slip in last because it means "in spite of." If Amendment 2 is approved by the voters, the General Assembly will have permission to violate seven (7) sections of the existing Kentucky Constitution and funnel public money to private voucher programs. The General Assembly wants permission "in spite of" the fact that the KY Supreme Court has ruled that seven sections of the Kentucky Constitution prohibit the very thing they are requesting authorization to do. Furthermore, there is a severe lack of details regarding exactly what the General Assembly would do with that authorization. If Amendment 2 passes, it will allow the legislature to fund public schools - or not. It will allow them to fund voucher programs -- or not. In fact, they refused to say what policies they intend to implement if the amendment passes. One thing is certain, though: if Amendment 2 passes, the legislature will be able to set education funding policy for Kentucky without having to answer to the people or to the courts. 
Consider when voting for or against Amendment 2 that if we take money that our citizens pay for our local schools and community children, and put it in private schools somewhere else, we would be taking away from what we are paying taxes for and allowing the General Assembly to spend that money in ways that the KY Supreme Court has already ruled unconstitutional based on the existing Kentucky Constitution."