By Berry Craig
AFT Local 1360
KY 120 United – AFT and the Kentucky Education Association have issued statements applauding the Kentucky Supreme Court for unanimously upholding a Franklin Circuit Court ruling that declared HB 563 unconstitutional.
The controversial measure would have created a mechanism whereby state tax money could be used to pay for private school tuition.
Governor Andy Beshear vetoed the measure, which was pushed to passage by GOP majorities in the state House and Senate last year.
KY 120 United-AFT official statement on the Kentucky Supreme Court unanimously ruling HB 563 unconstitutional:
KY 120 United-AFT believed all along that HB563 was a violation of our Kentucky Constitution, and we are thrilled that our Supreme Court unanimously upheld the ruling of the lower courts deeming this law unconstitutional. Vouchers, scholarship tax credits, or whatever other shade of lipstick our general assembly tried to put on this pig of taking tax dollars away from public schools can finally be put to rest.
We sincerely hope that our general assembly can move on now and work towards doing things we know will strengthen public education in our Commonwealth, and we look forward to opportunities to work with them toward that goal in the future. The majority party continues to attempt to pass legislation that is unconstitutional. It is past time that they do what is required of their duties-fully fund public education. We are thankful scholarship tax credits and vouchers can finally be put to rest in our Commonwealth.
The Kentucky Supreme Court has made the right decision not only based on the Kentucky Constitution, but for Kentucky kids as well.
The following is a statement from Kentucky Education Association President Eddie Campbell:
“We applaud the state Supreme Court’s decision to uphold the lower court’s ruling. This is a victory for Kentucky’s public schools and public school students. It’s always been clear to the plaintiffs and their supporters that the Kentucky Constitution prohibits any attempt to divert tax dollars from our public schools and students without putting the question to the voters. This decision protects the power of the people to decide important questions of public education policy and holds the legislature to account to uphold their oath to support and defend the Kentucky Constitution.
“HB 563 violated both the letter and the spirit of the Kentucky Constitution, which makes providing public education the state’s highest duty. These plaintiffs stood up for all Kentucky students to ensure that the legislature’s unconstitutional actions did not go unchecked. Today, the highest court in the Commonwealth affirmed their concerns.
“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. The Supreme Court today upheld Judge Shepherd’s ruling that HB 563 violated that sound precedent as determined in the court’s ruling in Rose v. Council for Better Education.
“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, and this ruling supports that concern. This decision is proof that the courts continue to serve as an important check against legislative overreach.”