Background/Footnotes: Section 189 of the Kentucky constitution states that public school funds must "be appropriated to the public schools and to no other purpose." The Kentucky Supreme Court applied this provision in 1983 when it declared that public school textbooks may not be given to private schools.[1] However, another provision in the constitution allows for greater flexibility in the use of public funds: Section 184 stipulates that taxes may be used in areas "other than in common schools" if "the majority of the votes cast at said election shall be in favor of such taxation."[2]

In 1998, House Bill 683 was introduced to provide scholarships to students from families earning less than $42,000. Schools would have been subject to annual performance and financial audits by the Office of Education Accountability. Voucher students could not exceed 65 percent of a private school's enrollment. Another bill, H.B. 533, would have given parents with an adjusted income of $75,000 or less a $500 tax credit for private school expenses. Both bills died in committee.[3]

School CHOICE Scholarships (SCS) began in 1998 and serves Kentucky's largest city, Louisville (Jefferson County). Scholarships of up to $1,000 are awarded each year for a maximum of three years to students from low-income families.[4]

H.B. 455, a bill similar to H.B. 683 from the 1998 session, was introduced in 2000 to initiate a voucher program. A tax credit bill, H.B. 442, was introduced to give parents a credit for private school expenses. Both bills died in committee.[5]

In 2001, a state circuit court judge declared home-schooling "a fundamental right" in a case involving a student whose parents undertook to homeschool her when health problems made it difficult for her to attend a public school. The case, in which the Home School Legal Defense Foundation represented the defendants, was an appeal of a previous decision in which a court had ruled that the student was truant. The circuit court judge ruled that the student could finish her high school studies at home.[6]

In 2002, then-Representative Barbara White Colter (R-90) introduced H.B. 54, which would have required that homeschooling parents give "a declaration of intent" before the school year begins; that students take annual norm-referenced tests; and that parents who homeschool must have a high school diploma or its equivalent.[7] Currently, home schools are subject to the same laws as private schools, and parents intending to homeschool their children must "first establish a bona fide school, notify the local superintendent...and report the names, ages, and place of residence for each pupil in attendance."[8] H.B. 54 died in committee.[9]

In December 2002, the American Center for Law and Justice (ACLJ) filed a lawsuit against Kentucky for "prohibiting state scholarship funds [from being] used by students who pursue a degree in religious studies." The case involved a student at Cumberland College whose state scholarship was revoked when he declared philosophy/religion as his major. The ACLJ, which has dealt successfully with cases of this kind, argued that "[Kentucky's policy] is not only unfair; it is unconstitutional as well."[10] In January 2003, state officials reversed the policy and will no longer discriminate against students who choose a religious course of study. In response, the ACLJ filed a motion to dismiss the lawsuit.[11]

In February 2004, Representative Kathy Stein (D-District 75) introduced H.B. 610, which would require the state Board of Education to establish "organizational and instruction standards" for "certified home schools." No action was taken before the legislative session ended.[12]

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