What’s on your ballot: Kentucky Amendment 2

So, you might have already heard a thing or two (or maybe fifteen) about Amendment 2 in Kentucky. 

And, no, not the 2022 version of Amendment 2, which dealt with abortion. (I don’t know what it is about Kentucky making their controversial proposed constitutional amendments the second one on the ballot, but I don’t make the rules or propose the amendments or arrange the ballots.)

This year’s Amendment 2 deals with “school choice,” or broadly the idea of public tax dollars (or would-be tax dollars) going to schools outside of the current public school system. 

We’ve got … a lot going on with the topic, so let’s dive right in. 

 

Just as a refresher, what is a constitutional amendment?

A constitutional amendment is something that wants to change Kentucky’s state constitution. 

Every voter who shows up to the polls this fall will see them on the ballot and have a say in whether or not they want to alter the text governing the Commonwealth. 

 

How many constitutional amendments are Kentuckians voting on in 2024?

Kentucky voters will have two constitutional amendments on their ballots this fall: this one about school choice and another about non-citizens being able to vote. 

 

What is Kentucky’s Amendment 2 in 2024?

Simply put, Amendment 2 would allow public tax dollars to go to schools outside of the current public school system in Kentucky — aka any K-12 educational concept outside of Kentucky’s 171 public school districts.

Amendment 2 does not specify what, exactly, that could look like. So, it could mean anything from funding charter schools (which are technically public schools, but are operated differently) to creating “vouchers” (basically government-funded private school scholarships) to not really doing anything differently. 

 

What is the full text of Kentucky’s Amendment 2 in 2024?

You can read the full text of Amendment 2 on the Secretary of State’s website. 

The full text of both proposed amendments will also be available on everyone’s mock ballots once those are finalized in the next few weeks. Once they are approved, you’ll be able to look up your ballot to read the proposed language and prepare the rest of your votes using this tool on the Secretary of State’s site. 

 

If I vote yes on Amendment 2, what does that mean?

Honestly, not nearly as much as you might think it means — but also, perhaps even more than you think it means.

I’m being so vague because Amendment 2’s impact is incredibly cloudy. Voting yes does not immediately create charter schools or tax credits for folks sending their kids to private schools or publicly funded scholarships for religious schools; nor does it immediately take away funding from public schools as they exist right now.

Voting yes, though, gives the GOP-dominated legislature basically a blank check to pass laws in the future that would, either indirectly or directly, allow public dollars to go to schools outside of the typical public school system. So, lawmakers would still need to pass the legislation to make their dreams of school choice — whatever that looks like — a reality.

But it would be easier for them to do so, and they’d definitely face fewer legal challenges when trying to enact such laws. In recent years, lawmakers have narrowly passed a few “school choice” laws — one creating a tax credit system for folks who donate to private school scholarships, another creating a permanent funding mechanism to allow charter schools to exist. But the courts have blocked such attempts, ruling in part that Kentucky’s constitution does not allow public dollars (or would-be public dollars) to go to non-public schools.

 

If I vote no on Amendment 2, what does that mean?

Voting no means the current constitution remains the same, aka public dollars still won’t be able to go to anything outside of the current public school system. 

Again, this is because the courts have repeatedly said in recent years that the constitution prohibits stuff like long-term state-level funding for charter schools or any sort of anything that would redirect tax dollars (or would-be tax dollars) to funding private and religious schools. If the constitution doesn’t change, those rulings likely won’t change, either. 

 

If Kentucky’s Amendment 2 passes, what happens next? 

The state constitution would allow for public dollars to go wherever educationally speaking, clearing the GOP-dominated legislature to file and potentially pass any sort of school choice initiative they’d like during the 2025 legislative session.

Kentucky’s 2025 legislative session is not a budget year, and it is half as long as this year’s session: 30 days, spread across January, February and March. A short session is often meant for more technical or clean-up changes — not major legislation like school choice. But that doesn’t mean lawmakers won’t quickly capitalize on the new freedom in the constitution. 

 

If Kentucky’s Amendment 2 does not pass, what happens then?

State lawmakers will not be able to pass basically any type of common school choice legislation during the 2025 session. The constitution’s limits on education funding would remain the same. 

 

What are people saying about Amendment 2?

A lot.

Amendment 2 is and has been shaping up to be one of the biggest topics of the 2024 election cycle in Kentucky, if not the biggest. 

Folks on both sides of the issue are already mobilizing, including showing up to Fancy Farm, hosting both press and public events and sending out releases to the media.

Basically, those in favor of Amendment 2 argue it is time Kentucky families have more of a say over their children’s education — including the government helping provide more or easier access to options outside of the typical public school.

Opponents to Amendment 2 say this could further reduce funding for already cash-strapped public school districts, including those in the rural parts of Kentucky. 

 

When is Election Day 2024?

Election Day will be Tuesday, Nov. 5. 

But Kentucky offers a few early voting options. Those who qualify will be able to vote via mail-in ballot or with extra in-person voting days starting in mid- to late October. 

Early voting will be open for everyone from Oct. 31 to Nov. 2, and then polls will be open from 6 a.m. to 6 p.m. on Election Day.