Two states are currently considering adding amendments to their state constitutions to advance school choice. In Kentucky, the state constitution only allows for tax money to be sent to common, or public schools. Because of this provision, past school choice efforts in the states have failed. For instance, in 2022 the Kentucky Supreme Court struck down the Education Opportunity Account Act, a tax credit school choice law. In 2023, a law allowing charter schools was also declared unconstitutional. After losing in the courts, the Kentucky General Assembly turned its efforts to passing a different type of bill, a bill that would allow voters a say in the matter.

The bill, H.B. 2, would let voters decide whether to amend the constitution and allow the legislature to provide financial support for nonpublic schools. The bill was passed 65-32 in the state House. “I would like to see every child in the Commonwealth of Kentucky to have the very best access and level playing field to seek the ability to live the American dream,” said Rep. Suzanne Miles (R-Owensboro), the bill’s sponsor. The bill then moved to the Senate, where it passed 27-8. “This is a game changer,” said Sen. Stephen West, chair of the Education Committee. “This will dictate where we are 25 years from now.” Some members voiced concerns about the speed with which the bill was passed. “I worry, Mr. President, that we are so desperate to pass this amendment and give money to private schools to take it away from our public schools that we are risking shredding the Kentucky Constitution to make that happen,” said Sen. Cassie Chambers Armstrong in a floor speech. Gov. Andy Beshear has promised to “work every day to defeat it [the amendment].” However, voters will have the final say when they vote on the amendment in the November election.

Over on the West Coast, the group Let Them Learn Oregon is gathering signatures for two ballot initiatives. The first ballot initiative would allow the state to have open enrollment, letting students attend whatever public or charter school they like if open seats exist. The second ballot initiative would create an education savings account for families in the state. If passed, parents could enroll in a School Choice Account for each of their children. The parents would then receive at least $7,600 in their account to use toward paying for approved education expenses, such as private school tuition. If parents still have money in a child’s account at the end of the year, that money will roll over to the next year.

The petition also includes language that prevents the government from forcing parents and education providers to change their standards, procedures, or credentials to participate. According to Let Them Learn, 68% of Oregon adults support a school choice program. If the group gathers enough signatures for each initiative, they will be placed on the November ballot for voters to decide. If the petitions pass, the Oregon Constitution will be amended to include the two initiatives. “Give Oregonians a chance to vote for school choice,” said Kurt Williams, communications chair of the Washington County Republicans. “After drastic learning losses through COVID, it’s the least we can do to improve our educational system, create competition and remove politically motivated union bosses from the equation.”