KY120 United AFT, KEA support plaintiffs in private school voucher case

By BERRY CRAIG

AFT Local 1360

Franklin Circuit Judge Phillip Shepherd is expected to decide by next month whether the new "education opportunity accounts" can be used to help pay for private school tuition, WDRB is reporting.

The Frankfort-based judge "heard arguments during a hearing Thursday in a lawsuit filed in June by the Council for Better Education challenging the constitutionality of that aspect of House Bill 563, which the Kentucky General Assembly passed into law this year," according to WDRB's Kevin Wheatley.

KY120 United American Federation of Teachers and the Kentucky Education Association have issued statements supporting the plaintiffs: 

KY120 United AFT’s statement on HB563:

Yesterday, opening statements were presented in the lawsuit over HB 563, the voucher bill that passed during the last regular legislative session. HB 563 provides a $25 million dollar allotment for private educational services in specific Kentucky counties. We are proud that KY120 United AFT will be joining the Council for Better Education (CBE) through an amicus brief in their suit.

We believe HB563 is unconstitutional and discriminatory because it only provides for a small fraction of students and a few specific counties in our state. We believe this violates the Kentucky Constitution’s provision of providing for common schools by taking away money--in the form of tax credits--from the general fund that could be used to provide for all common schools in the state. We remain opposed to any tax dollars that are used to subsidize private schools; they are for-profit organizations that are not required to serve students with disabilities and are not required to follow or be held to the same standards as public schools.

As KY120 United AFT, we will continue supporting public school students and employees during this unfortunate time in our state. We vow to stand with the Council for Better Education in this lawsuit, hoping to prevail in favor of what is right for all Kentuckians, not just a few students in a few counties. We will continue to fight for those who have been left out or abandoned by the General Assembly in Frankfort, and we remain committed to our mission of fighting for public schools, public employees, and public pensions.

"We applaud these parents who have joined this lawsuit and are challenging this program in court because it’s the right thing to do. HB 563 violates both the letter and the spirit of the Kentucky Constitution, which makes providing public education the state’s highest duty. These plaintiffs are standing up for all Kentucky students to ensure that the legislature’s unconstitutional actions will not go unchecked.

“Under the Kentucky Constitution, the General Assembly must provide for and oversee an efficient system of common schools and cannot raise or spend funds on private schools that serve a select few. HB 563 violates that sound precedent as determined in the court’s ruling in Rose v. Council for Better Education and other cases. Additionally, the tax credit program was not submitted to the voters for approval, as the constitution requires.

“Research has shown that private school voucher programs in other states have demonstrated no positive effect on students’ educational outcomes, and often negatively impact student achievement. In fact, some evidence illustrates they may exacerbate school segregation and fund discrimination and they are prone to waste, fraud, and abuse.

“We simply can’t afford to support two different education systems — one private and one public — on the taxpayers’ dime. HB 563 would hurt students here in Kentucky because it undermines the hard work that has been done since to improve public education in the commonwealth since Rose. HB 563 is unconstitutional and cannot be allowed to stand.”