Signs hoisted by the audience for an Amendment 2 debate at the Fancy Farm Picnic express conflicting views on the school funding amendment that Kentucky voters will decide in November, Aug. 3, 2024. (Kentucky Lantern photo by Austin Anthony)
Kentucky Attorney General Russell Coleman’s office sent a cease and desist notice to a public school district that took an online stance against a constitutional amendment that would allow the General Assembly to fund nonpublic schools.
Augusta Independent Schools became the second public school district in the state to openly oppose Amendment 2 via Tuesday night posts on X and Facebook. The amendment has drawn ire from public school officials and Democrats who warn it would reduce dollars now allocated to public education.
The Ohio River school district said in its Facebook post that the amendment would “take public taxpayer dollars and give them to private schools, leaving our public schools with fewer resources.” Tuesday’s post was the first of the district’s “Be Informed Series,” which it said would continue biweekly until Election Day next month.
“If you believe in strong, well-funded public schools for all students, vote NO on Amendment 2 this November 5th,” the post said. “Protect Kentucky’s Public Schools!”
Christopher Thacker, general counsel for Coleman, wrote the Wednesday letter to Lisa McCane, the school district’s superintendent calling the anti-amendment posts “partisan political messages” and asked that they be removed.
“We certainly understand that individuals on both sides of the debate over Amendment 2 feel strongly about the issue,” Thacker wrote. “The Office of Attorney General also fully supports the First Amendment rights of all Kentuckians — including school officials — to express their views on this important ballot question. However, public officials may not commandeer public resources to promote their own partisan positions.
“Quite simply, messages that are appropriate for an individual social media account may not be permissible when posted on an official platform that purports to speak for the school district itself, rather than for any single individual or group of individuals.”
McCane, the Augusta superintendent, was not immediately available for an interview Wednesday.
Last month, Pulaski County Schools made similar posts on its social media accounts and websites but later removed them after backlash from Republicans, including U.S. Rep. Thomas Massie.
At the time, Coleman issued an advisory “to remind those entrusted with the administration of tax dollars appropriated for public education that those resources must not be used to advocate for or against” proposed Constitutional Amendment 2. Thacker cited that advisory and the school district’s policy on political activities in his letter to the Augusta superintendent.
Democratic Gov. Andy Beshear, who is also a former attorney general, questioned the original advisory and asked if it would have been issued in response to lawmakers using their official letterhead or social media accounts to campaign against the amendment.
“If we are going to put out opinions like this, it has to be content neutral, and it has to apply to more than just a school district fighting for its funding,” the governor said.
Speaking with reporters Wednesday at the Capitol Annex in Frankfort, Republican House Speaker David Osborne said Coleman has “been pretty clear that we don’t need to clarify” the law around schools issuing political messages.
Republican Senate President Robert Stivers added that the law also applies to lawmakers. He said they have taken care to not use state resources to advocate for or against the amendment, but have said what the amendment’s language is.
“That’s it. Not advocating for or against it using state dollars because state dollars shouldn’t be used for political advocacy,” Stivers said.
At first, comments had been turned off on Augusta Indepdent’s posts, but were later turned on Wednesday afternoon.
Augusta Independent had 294 students enrolled last school year, according to Kentucky Department of Education data. Located in Bracken County, the town is in Northern Kentucky.
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