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HB 2, one of the most controversial measures of the session, will put a question on the November ballot asking if voters want lawmakers to change the Kentucky Constitution so that they can “provide financial support for the education of students outside the system of common schools.”
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A controversial bill that would allow public dollars to flow to private schools passed a Kentucky House committee on Tuesday with little time for the public to weigh in.
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House Bill 208 would amend parts of the Kentucky Constitution that have so far foiled efforts by some Republicans to fund a private school scholarship program and other educational programs outside the public school system.
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The 2022 law would have required school districts to divert funds to charter schools approved within their boundaries. Charter schools are funded with public dollars, but they are run by private boards or companies.
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During the hearing, lawyers for both sides agreed that the decision hinges on whether charter schools qualify as public schools, legally. The Kentucky Constitution prohibits the use of funds raised for public education to be used outside of the system of “common schools.”
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The Democratic governor aligned himself with public education advocates who contend that the measure should be struck down. The suit — filed late last week in Franklin County Circuit Court — claims the measure would siphon money from school districts in violation of the state constitution.
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The Jefferson County Board of Education and Dayton Independent Board of Education joined the nonprofit Council for Better Education in a lawsuit filed Friday in Franklin County Circuit Court. They say the law, known as House Bill 9, violates several provisions of the state constitution.
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JCPS board members authorized joining a lawsuit challenging the state’s new charter school funding law, which some say is unconstitutional.
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The justices’ ruling is a major win for advocates of public education and a blow to those who support school privatization.
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While Kentucky and West Virginia are only beginning to authorize charter schools, Ohio’s approval of controversial programs like the 1776 Curriculum raise questions about how the effort will roll out across the region.