Kentucky legislator wants to kill bill protecting controversial virtual school
House Bill 241, sponsored by Republican Rep. Timmy Truett, would let the state's education commissioner grant up to five "disaster relief" days during which schools could provide alternative instruction when a district closes "for health or safety reasons." It would also let districts extend student attendance days to meet the legally required minimum instruction hours.
At a Senate Education Committee meeting Thursday, Truett, an elementary school principal, said his bill "started off as a really good bill" and attaching the virtual school legislation would "harm public education. It's going to harm my students."
HB 241 passed out of the House last month with a 82-7 vote. It was assigned to the Senate Education Committee, which initially voted in favor of the bill. However, the bill was returned to the committee on Wednesday, where it was combined with a Senate measure aimed at protecting the Kentucky Virtual Academy.
Senate Bill 268 proposed prohibiting a cap on enrollment for all virtual programs for the next three years. It was filed in response to the Kentucky Department of Education's efforts to limit enrollment at the Kentucky Virtual Academy, which has repeatedly failed to meet staff and testing requirements.
The school, which opened in 2023 through a partnership with Cloverport Independent Schools and Stride, Inc., has experienced rapid growth in its enrollment, drawing thousands of students from across the state.
The Senate Education Committee met a day after The Courier Journal published an article on the school, stating the company running the program has been accused of mismanaging funds and failing students in various ways over the past 15 years.
SB 268 had passed unanimously out of the Senate Education Committee but had yet to be considered for a full floor vote. Republican Sen. Steve West, chairman of the committee, told The Courier Journal there were concerns the bill wouldn't get "as nice of a reception in the House once it went over," and Truett's bill as written didn't have enough support to succeed on its own.
He added it's common for bills to blend together so they can pass both chambers before a veto period begins.
"The reason for that is it's a negotiation process," West said. "It's a compromise process between the House and the Senate. They want what they want. We want what we want, and ... negotiating is what makes it across the finish line."
Truett took issue with the decision to combine the bills, saying he would speak against his own legislation.
HB 241, on its own, "helps just about every district in the state of Kentucky, especially those districts in Eastern Kentucky that are struggling with the extreme weather and the flooding and all of that," Truett told The Courier Journal. "So it's a great bill. But the way politics works, sometimes you get surprised, and there was a amendment thrown on the bill that goes against some of the things that I believe in and that I disagree with."
Truett clarified that while he isn't against the Kentucky Virtual Academy, he is concerned the Senate measure wouldn't allow "any restrictions" to be put in place on the school until 2028.
"The thing about it is I'm afraid that growing at the rate that they're growing and struggling like they are, (along) with the extra students enrolling, I'm afraid (the bill) be more harmful than helpful," Truett said. "So if we could put some guard rails up, I would support that."
Truett added while he respects West and the education committee, no one reached out to him to ask whether it was OK to attach the Senate measure to his bill.
West, meanwhile, said he did not "personally talk to Truett," but Truett knew that "this was happening."
He also pointed out that the virtual academy has only been operating for about one year, and a group of lawmakers want to give it more time instead of shutting it down.
"We understand there are issues there, and we understand those issues will need to be addressed and should be addressed, but our policy consideration was that they needed a little bit more time," West said during the committee meeting. "This is an innovative thing. With any experiment or innovative thing, you're going to make mistakes, and sometimes you don't get it right the first time, so it does take a little time."
HB 241, with the committee substitute, passed out of the committee on an 8-2-1 vote.
Republican Sen. Lindsey Tichenor said she voted no because the bill covers "two very different things." Democratic Sen. Reggie Thomas, who represented the other "no" vote, called the added Senate measure "a poison pill" and cited statistics on the company's performance from The Courier Journal article.
"We should wipe off this amendment. This school should never be allowed to operate here in Kentucky," Thomas said.
If the Senate passes the bill as amended, it will get sent back to the House for concurrence. The House can either vote to accept the Senate's changes and send the bill to Democratic Gov. Andy Beshear's desk, or it could vote not to concur and send the bill to a conference committee made up of members of both chambers.
Reach reporter Hannah Pinski at hpinski@courier-journal.com or follow her on X, formerly known as Twitter, at @hannahpinski.
This article originally appeared on Louisville Courier Journal: Legislator wants to kill bill protecting Kentucky Virtual Academy
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