'It's going to be crazy.' Kentucky lawmakers eye school choice, teacher pay and JCPS

Should families have more options than simply public or private schools?

Do teachers need higher salaries?

What can be done to fix the state's largest school system?

These topics and more are all bound to be deeply debated during the 2024 legislative session, with education of Kentucky's children at the forefront of many lawmakers' minds.

"Its going to be crazy, for sure," said Sen. Steve West, chairman of the Senate's Education Committee. Day 1 of the session starts Jan. 2, and here are the issues expected to come up.

A constitutional amendment on school choice?

Republican lawmakers have been working to expand school choice for Kentucky families for years, but each attempt has fallen short.

The reason isn't for lacking the ability to get their bills passed, but rather because of the Kentucky Supreme Court's interpretation of the state constitution.

In 2021, a program that would have provided dollar-for-dollar tax credits to those donating money for nonpublic school tuition was passed by the legislature, but it was deemed unconstitutional by the state's highest court the following year.

Additionally, a law that would have created funding for charter schools was struck down as unconstitutional. Both rulings were related to the court's interpretation that the mention of "common schools," in the state's constitution means public schools.

Both rulings said diverting taxpayer dollars from public schools to fund private schools is unconstitutional.

Now, Republican lawmakers hope to get a constitutional amendment on the November 2024 ballot that would alter the language related to common schools.

"With the recent Supreme Court decisions, they’ve taken a very expansive reading of the 'common school' sentences in the constitution," said West, R-Paris. "If we passed legislation based off their reading, it allows us to do nothing in that space. ... The court has painted the legislature into a box."

If an amendment ends up on the ballot, the constitional issue would be in voters' hands. If approved, a bill outlining Republicans' school choice program would then be introduced in the 2025 session.

Charter schools have been legal in Kentucky since 2017, but there are none largely because of a lack of funding. Legislators could seek to pass another bill providing money for charters, or another bill that would create a voucher-like program, or both.

"I'm pro-school choice," West said, pointing out that most states (43) have charter schools. "It will enhance education in Kentucky ... and it's not going to destroy public schools."

Are there any plans for JCPS?

Kentucky's largest school system is always a hot topic among legislators and given Jefferson County Public Schools' rough start to the year, the district has quite the buzz in Frankfort.

Last session there was an effort geared toward splitting JCPS into two or more districts. But, there aren't any policies and established processes explaining how an independent district would break away from a county district in Kentucky.

This session, a group of 12 representatives and senators intend to form a commission to evaluate a split.

In an open letter sent to JCPS the day after school started, the group pointed to the busing disaster - children were hours late getting home under a new transportation plan - and said the district "failed in its most fundamental obligation, which is to keep our kids safe."

More: Some Kentucky lawmakers want to consider splitting up JCPS. Could that really happen?

"With nearly 100,000 students and 165 schools, the district is too big to properly manage," the letter said.

Along with the forming the commission, the group hopes to pass a law that would give students the right to attend their neighborhood schools and make changes to the JCPS board because it has "shown that it is not up to the task of managing our $2 billion school district," the letter said.

Democrats and JCPS Superintendent Marty Pollio are staunchly against splitting the district, though.

"The courts have made it clear that the General Assembly cannot micromanage Jefferson County's schools in ways that don't apply to the other 119 counties," Reps. Derrick Graham, Cherlynn Stevenson and Rachel Roberts said in a joint statement this year. "We don't need a study to reach that conclusion, but if a proposed commission looks for ways that will actually help our schools and students, we will be glad to take part."

“I don't want to say it's not possible, but I think it would be the most disruptive thing to this community,” Pollio said in August. “And I will say once again, I think especially students in high poverty areas would suffer more than anywhere else as a result of that."

Math scores are decreasing, what will legislators do?

The last two sessions it was all about literacy. This year it's going to be about numeracy.

Rep. James Tipton, R-Taylorsville, who chairs the House Education Committee, said he hopes to pass a bill that will make significant changes to how math is taught.

"We've all seen there are issues with our math scores," Tipton said, pointing to a recent global report that showed U.S. teens scored below students in the United Kingdom, Australia and Germany, and well behind students in the highest-performing countries.

Scores in the U.S. and Kentucky also have been decreasing. Last year the average math score for Kentucky's fourth-graders went down 5 points, from 239 to 234. About 10 years ago, the state's average score was 241.

"The bottom line is where we are now is not where we need to be," Tipton said.

His bill, which is still being drafted, will be similar to a numeracy bill that was passed in Alabama in 2023, he said.

Alabama now requires K-5 students to receive 60 minutes of math instruction daily, and math coaches are now being deployed into schools where students are struggling to guide teachers in ways to help.

Kentucky's bill, though, will focus on grades 4-8. The reasoning behind not starting with younger students, Tipton explained, is because districts are in the midst of making major changes required by the literacy bill.

Districts, if the bill passes, will have to switch to an evidence-based curriculum, he said, and screen students to identify those who are struggling in math.

Alabama dedicated $70 million toward the math coach positions over the next six years. How Kentucky might fund this bill has not been decided, Tipton said.

Are changes to education funding expected?

It's a budget year and there are quite a few people who hope a teacher pay raise is included. Gov. Andy Beshear has made repeated attempts on this front but has failed to get the support of the GOP-led majority.

Something has to be done, though, given the state's teacher shortage, which many attribute, in part, to the fact that Kentucky ranks 44th for its starting teacher salary ($38,010) and 40th for its average salary ($54,574), according to the National Education Association.

In addition, a recent report from the Kentucky Center for Economic Policy showed Kentucky teachers are making less now than they did 16 years ago, when adjusted for inflation.

The report said that compared to 2008, Kentucky teacher pay is down nearly $10,000 in real dollars.

All districts are paying teachers less than they did in 2008, ranging from $21,450 less in Russellville Independent to $425 less in Fayette County, according to the center.

More: Pay raises, busing and toll bridge tax credits: Beshear releases budget plan early

Tipton said increasing funding for education will be discussed, though.

"I think there is a desire to provide more funding for education, and I believe we will," he said. "I can’t tell you right now how much that increase will be and what form it might come in."

Beshear's budget proposal, put forth on Dec. 18, calls for for an 11% salary increase for all public school employees. That money — an additional $545 million each year — would be included in the Support Education Excellence in Kentucky budget.

Beshear said while campaigning for reelection that an 11% bump would bring the average Kentucky teacher's pay to $62,576.

This article originally appeared on Louisville Courier Journal: School choice, teacher pay and JCPS on Kentucky legislature's list