Kentucky students pursuing religious studies in college scored a major victory in late January when the Kentucky Higher Education Assistance Authority (KHEAA) reversed a policy that prevented them from receiving state scholarships. Kentucky Educational Excellence Scholarships (KEES), available since 1999 to any high school graduate with a 2.5 grade-point average or better, now can be used for any program of study, including religion.

The American Center for Law and Justice (ACLJ), filed suit against KHEAA December 6, on behalf of Michael Woods Nash, a junior at Cumberland College in Williamsburg. Nash, who is majoring in philosophy and religion, received $2,900 under the KEES program during his freshman and sophomore years. But when he declared his major, KHEAA officials revoked the scholarship because "KEES awards cannot be used for programs of study that lead to a degree in theology, divinity, or religious education."

Francis J. Manion, ACLJ senior counsel, withdrew the suit on January 23 after the KHEAA changed its policy. Manion said he was pleased the state had removed the "discriminatory barriers" that had denied KEES scholarships to students majoring in religious studies. "It is encouraging that the state is moving to ensure that students who study religion are treated equally when it comes to the distribution of state scholarship funds," Manion said. "If a student meets the residency and academic requirements needed to receive scholarship funds, those funds can no longer be withheld because a student decides to study religion."

Joe McCormick, executive director of the KHEAA, insisted there was not a policy change. "The basis upon which [Nash] was denied the funds did not hold up upon further examination," McCormick said. "It's just a re-examination of the course of study that he is in fact enrolled in." According to McCormick, KHEAA changed its criteria because of the pending lawsuit by the ACLJ, which successfully challenged a similar scholarship policy in Washington state.

However, a memo from McCormick to Cumberland College President James Taylor said KHEAA will be "notifying schools of our revised guidance regarding which majors are eligible" to receive state scholarship funding. McCormick notes that KEES scholarships are only valid at accredited colleges that participate in title IV student aid programs.

State Representative Mike Cherry (D-Princeton) introduced a bill on January 7 that would reflect the administrative change. House Bill 40 proposes to "delete references that prohibit the use of student financial aid funds, including Kentucky Education Excellence Scholarship funds for students who plan to major in theology, divinity, or religious education."

During 2003, KEES awarded 56,000 Kentucky students with $62 million, according to McCormick.