Attorney General Coleman Issues Amendment 2 Guidance After Schools Illegally Use Taxpayer Resources

This November, Kentucky voters will vote on Amendment 2, Kentucky’s education opportunities constitutional amendment. If passed, it would allow the General Assembly to pursue school choice policies, elevating the student over the system. However, some public schools have been caught using taxpayer dollars to campaign against Amendment 2.

Last weekend, Pulaski County Schools posted a graphic in opposition to Amendment 2 on their websites, on social media, and even put it up on their sign outside their headquarters. Other school districts have used other methods to oppose Amendment 2 on the taxpayers’ dime. This is despite a law that prohibits governments, including school districts, from using taxpayer resources to oppose issues on the ballot, like Amendment 2.

Based on this law, Representative Candy Massaroni and state house candidate TJ Roberts asked Attorney General Russell Coleman to provide an advisory opinion on whether it is legal for school districts to use taxpayer dollars to oppose Amendment 2. The Attorney General gave a clear opinion on the matter: “Public resources may not be used to advocate for or against Amendment 2.”

After receiving this opinion, Pulaski County Schools took down their previous posts; however, the superintendent put up a new statement that still emphasized that people should vote no on Amendment 2, potentially violating the law once again. Governor Andy Beshear spoke out in favor of the school districts breaking the law, falsely claiming that the speech is protected under the First Amendment.

The First Amendment protects individuals, not the use of taxpayer dollars to advance a political agenda. The opinion notes, “While the First Amendment clearly protects the rights of public school officials, administrators, and educators to express their views on any public matter, they may not use school resources or school time to advance those personal views.”

The Office of the Attorney General is continuing to monitor this issue and stated that it is prepared to take any necessary action to ensure the law is followed and upheld. If anyone has information regarding illegal campaigning on Amendment 2, please notify the Attorney General’s office as soon as possible.

We are thankful for the efforts of Attorney General Coleman, Representative Massaroni, and Mr. Roberts to safeguard taxpayer dollars. While families are spending money out of pocket for classroom supplies and teachers’ salaries are stuck below average, politicians and bureaucrats are illegally spending taxpayer resources on advancing a political agenda, instead of education. This wasteful political spending seeking to advance a political agenda, instead of focusing on educating students, is an important reminder why supporting Amendment 2 in November is essential for the future of education in Kentucky.

Visit our page for more resources on Amendment 2. Please share these with your churches, families, and friends.