2024 Kentucky Amendment 2

Amendment 2

November 5, 2024 (2024-11-05)
School Choice Amendment
Results
Choice Votes % Yes 707,819 35.21% No 1,302,466 64.79% Total votes 2,010,285 100.00%
Against   70%–80%   60%–70%   50%–60%

2024 Kentucky Amendment 2 was a rejected legislatively referred amendment to the Kentucky Constitution, which was voted on as part of the 2024 Kentucky elections. If enacted, the amendment would have allowed the Kentucky General Assembly to fund charter schools.^[1]

Text

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.

Background

See also: Education Reform in Kentucky

In 2021 the General Assembly passed a law awarding tax credits for donations to private schools. The law was struck down by the Kentucky Supreme Court in 2022 for violating provisions of the Constitution of Kentucky forbidding public funding of private education.^[2] The General Assembly passed a separate law in 2022 which would have allowed for the public funding of charter schools and the creation of two pilot schools, which was also declared unconstitutional by a Circuit Court judge in December 2023.^[3]

Legislative history

Amendments to the Kentucky Constitution require 3/5 support in both houses of the General Assembly and a majority vote by referendum; they can not be vetoed by the governor. The amendment was first introduced on January 26 in the 2024 General Assembly as House Bill 2 by representative Suzanne Miles.^[4] The bill passed both houses and was voted on in November 2024. It was one of two constitutional amendments to be approved by both houses during the 2024 legislative session.^[5]

House vote

Map of the vote

  Republican yea (65)

  Republican nay (12)

  Republican abstention (1)

  Democratic nay (20)

  Vacant seat (2)

The amendment was approved by the house on March 13 with 65 yeas, 32 nays, and one abstention.^[6] Representative Billy Wesley later modified his vote from nay to yea.^[7]

House of Representatives vote

Party		Votes for	Votes against	Abstentions
	Democratic (20)	–	20	–
	Republican (78)	65	12 Adam Bowling Chris Fugate Kevin Jackson William Lawrence Derek Lewis Scott Lewis Michael Meredith Steve Riley Killian Timoney Timmy Truett Billy Wesley Nick Wilson	1 Kim Banta
Total (98)[a]		65	32	1

Senate vote

Map of the vote (as modified)

  Republican yea (27)

  Republican nay (4)

  Democratic nay (7)

The amendment was approved by the senate on March 15 with 27 yeas, eight nays, and three senators not voting.^[5] Senator Johnnie Turner later modified his vote from yea to nay. Brandon Smith and Robin L. Webb, who did not vote, modified their votes to nay. Jared Carpenter, who also did not vote, later modified his vote to yea.^[8]

Senate vote

Party		Votes for	Votes against	Not voting
	Democratic (7)	–	6	1
	Republican (31)	27	2	2
Total (38)		27	8	3

Senate vote (as modified)

Party		Votes for	Votes against
	Democratic (7)	–	7
	Republican (31)	27	4 Brandon Smith Brandon J. Storm Johnnie Turner Phillip Wheeler
Total (38)		27	11

Endorsements

Yes

U.S. Senators

• Rand Paul, U.S. Senator from Kentucky (2011–present)

No

Statewide officials

• Andy Beshear, governor of Kentucky (2019–present)^[6]
• Jacqueline Coleman, lieutenant governor of Kentucky (2019–present)^[6]

State legislators

• Jacob Justice, representative from the 94th district (2023–2025) (voted yes on HB 2)^[6]

Newspapers

• The Lexington Herald-Leader

Organizations

• The Fairness Campaign^[9]
• Kentucky Democratic Party
• Kentucky Education Association^[4]
• United Mine Workers of America^[10]

Results

Amendment 2

Choice	Votes	%
No	1,302,466	64.79
Yes	707,819	35.21
Total votes	2,010,285	100.00

See also

• 2024 Kentucky elections
• Charter schools in the United States
• Education Reform in Kentucky
• History of education in Kentucky

Notes

1. At the time of the vote, the 24th and 26th districts were vacant.

References

1. "Kentucky Constitutional Amendment 2, Allow State Funding for Non-Public Education Amendment (2024)".
2. Schreiner, Bruce (December 15, 2022). "Kentucky Supreme Court strikes down school choice provisions". The Associated Press. Frankfort, Kentucky. Retrieved March 15, 2024.
3. "Kentucky's charter school bill struck down". Spectrum News#Spectrum News 1 (Kentucky/Spectrum News 1. Louisville, Kentucky. December 11, 2023. Retrieved March 15, 2024.
4. Schreiner, Bruce (January 26, 2024). "Prominent Kentucky lawmaker files bill to put school choice on the statewide ballot in November". The Associated Press. Frankfort, Kentucky. Retrieved March 15, 2024.
5. Duvall, Tessa (March 15, 2024). "Can public tax dollars go to private schools? Kentuckians will answer on November ballot". The Lexington Herald-Leader. Retrieved March 15, 2024.
6. Duvall, Tessa (March 15, 2024). "Kentucky House approves 'school choice' amendment despite bipartisan opposition". The Lexington Herald-Leader. Retrieved March 15, 2024.
7. "Kentucky House of Representatives Vote Modifications by Roll Call Vote" (PDF). Kentucky General Assembly. March 29, 2024. Retrieved March 31, 2024.
8. "Kentucky Senate Vote Modifications by Roll Call Vote" (PDF). Kentucky General Assembly. March 29, 2024. Retrieved March 31, 2024.
9. "KY General Election Tuesday, November 5, 2024 - C-FAIR Endorsements". The Fairness Campaign. Retrieved September 4, 2024.
10. "Kentucky – COMPAC Endorsements". United Mine Workers of America. Retrieved September 26, 2024.