Joining five other independent school districts in Kentucky, the Bowling Green Independent School District is seeking clarity about the scope of a recent Franklin Circuit Court ruling challenging the legality of House Bill 563 – a prominent school choice law.

Passed by the General Assembly in March, the measure grants tax credits to donors supporting private school tuition scholarships. Another key provision eases the pathway for non-resident students to attend public schools outside their district.

At the time, school choice advocates heralded it as a “historic win for Kentucky students.”

After the legislature overcame a veto from Gov. Andy Beshear and gave the bill final passage, then-EdChoice KY President Charles Leis said: “Kentucky legislators told families across the commonwealth: We hear you and are going to work with you to give your kids all the opportunity they need to succeed in the classroom.”

In June, the Council for Better Education sued – with Warren County Public Schools as a key plaintiff – to challenge the provision of the law establishing tax credits for private school tuition, alleging it would divert $125 million in state tax dollars to private schools.

The lawsuit did not challenge the non-resident provision of the law.

Earlier this month, Franklin Circuit Court Judge Phillip Shepherd ruled that Kentucky’s constitution prohibits the element of House Bill 563 that would enable scholarship tax credits for private school tuition.

But in a statement it issued Tuesday, BGISD said it had filed motions to intervene and clarify the Oct. 8 ruling, which has resulted in conflicting interpretations of the school choice law.

“Since the ruling, there have been multiple interpretations, including the Kentucky Department of Education, which has stated that the ruling invalidates all aspects of House Bill 563, resulting in no change to non-resident enrollment agreements in July 2022,” BGISD said in the statement.

WCPS Superintendent Rob Clayton issued the following statement Wednesday in response to a request for comment from the Daily News: “The Warren County Public Schools District is pleased Judge Phillip Shepherd’s ruling upheld CBE’s assertion that the Educational Opportunity Accounts within HB 563 are unconstitutional. This ruling blocks public tax dollars from being siphoned away from our already underfunded public schools across the commonwealth. At WCPS we prioritize safety, achievement and opportunity and we will continue to oppose any legislation that adversely impacts our most vulnerable students by creating greater inequities among our schools.”

The non-resident provision of House Bill 563 has created something of a rift between independent school districts and their larger county school counterparts.

Specifically, the provision allows students who attend school outside their home district to be counted as part of the out-of-district school’s daily attendance – a key factor in how schools are funded in Kentucky.

BGISD Superintendent Gary Fields had been a vocal and ardent defender of that provision, citing an ongoing “crisis of the independents” across the state with independent school districts being swallowed up by the larger county school districts that border them.

In contrast, Clayton tweeted his disappointment after the bill’s passage: “The negative impact of H.B. 563 is clear and pleading ignorance will be no excuse.”

In its statement Tuesday, BGISD relayed a recent message from Council for Better Education President Matt Robbins to Kentucky’s school district superintendents that the council would clarify or amend the order regarding the colloquially-termed “open borders provision.” However, the organization later reversed course and decided not to proceed with such action.

BGISD joins five other Kentucky school districts – all independent districts – to seek clarity about the scope of the ruling. They include Augusta Independent, Corbin Independent, Paintsville Independent, Pineville Independent and Raceland Worthington Independent.

The motion states: “The severability language in the court’s opinion has caused great concern and confusion with regard to the portions of the statute which reference non-resident students. No party argued or briefed this issue because the parties agreed non-resident student transfers were not in dispute. The intervening school districts seek to intervene with the objective of clarifying the court’s opinion with regard to non-resident students.”

Because of its differing interpretation, the Kentucky Department of Education will not submit a report with regard to the equitable transfer of education funds for non-resident students, BGISD said in its statement, nor will the KDE allow local districts to enroll non-resident students unless the court clarifies its opinion and order.

A virtual hearing on the motion is scheduled for Monday morning.

– Follow education reporter Aaron Mudd on Twitter @NewsByAaron or visit bgdailynews.com.