FRANKFORT, Ky. — Lawmakers are once again looking to make school choice a reality for Kentucky families. This comes after a similar measure was shot down by the Kentucky Supreme Court last year.  Filed Tuesday by Rep. Josh Calloway (R-Irvington), House Bill 174 would allow the state legislature to direct funding to private schools. This bill also clarifies money already set aside for public schools won’t be directed to private schools. 


What You Need To Know

  • House Bill 174 would allow the state legislature to direct funding to private schools

  •  The bill was filed by Rep. Josh Calloway (R-Irvington) and has 16 Republican co-sponsors

  • This bill also clarifies money already set aside for public schools won’t be directed to private schools

  • A Mason-Dixon poll found that 54% of Kentuckians are in favor of a school choice constitutional amendment

“It’ll ask the voters to allow the General Assembly to empower parents to send their children to a learning environment that will help them succeed and is focused on the best fit for each and every child,” Calloway said in a Wednesday news conference.

In December 2022, the state’s Supreme Court ruled a similar school choice bill unconstitutional.

In 2021, a Franklin County Judge also ruled a school choice bill unconstitutional. 

House Bill 174 was filed Tuesday (Legislative Research Commission)

Calloway says the only way to move forward on the issue is through a constitutional amendment. This is exactly what the two-page House Bill 174 would do. 

“So the question is simply that they would allow us, as the legislature, to be able to put monies through the state budget outside of common schools in regard to education,” Calloway said. 

To pass, the amendment must receive three-fifths of votes in both chambers. If that happens, voters could see the issue on the ballot as early as next year. 

Currently, the bill has 16 co-sponsors in the House. Republican House Majority Whip Jason Nemes (R-Louisville) has confidence in this bill passing. 

“We’re going to have school choice in Kentucky and it’s going to be mighty robust,” Nemes said. “So this is a priority of the Kentucky people. It’s a priority of the Kentucky legislature and I’m excited about what we’re going to be doing in the next couple years.”

During Wednesday’s news conference, advocates for this change shared why they support this change. 

“This is not about talking away money from public education, it’s about allowing the General Assembly to invest in more students because the Supreme Court decision was so extreme that it practically says you can’t give one penny to a student in a non-public school without violating the (state) Constitution,” Andrew Vandiver, president of EdChoice Kentucky, said. 

A recent Mason-Dixon poll found a majority of Kentucky voters, 54% of those polled, supported a school choice constitutional amendment. 

House Bill 174 currently has 16 additional co-sponsors, all of whom are Republican. The school choice bill has yet to be assigned to a committee for further discussion.