Kentucky Statutes 141.502 – Definitions for KRS 141.500 to 141.528 (See LRC Note below)
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As used in KRS § 141.500 to KRS § 141.528:
(1) “Account-granting organization” or “AGO” means a nonprofit organization that complies with the requirements of KRS § 141.500 to KRS § 141.528 and:
(a) Receives contributions, allocates funds, and administers EOAs; or
(b) Is an intermediary organization;
(2) “Contribution” means a donation in the form of cash or marketable securities that is eligible for the tax credit permitted by KRS § 141.522;
(3) “Curriculum” means a complete course of study for a particular content area or grade level;
(4) “Education opportunity account” or “EOA” means the account to which funds are allocated by an AGO to the parent of an EOA student in order to pay for expenses to educate the EOA student pursuant to the requirements of KRS § 141.500 to
141.528;
(5) “Education service provider” means a person or organization that receives payments from an EOA to provide educational materials and services to EOA students;
(6) “Eligible student” means a resident of Kentucky who:
(a) Is a member of a household with an annual household income at the time of initially applying for an EOA from an AGO under this section of not more than one hundred seventy-five percent (175%) of the amount of household income necessary to establish eligibility for reduced-price meals based on size of household as determined annually by the United States Department of Agriculture applicable to the Commonwealth, pursuant to 42 U.S.C. secs.
1751 to 1789;
(b) Has previously received an EOA from an AGO under this section; or
(c) Is a member of the household of an eligible student that currently has an EOA
from an AGO under this section;
(7) “Eligible taxpayer” means an individual or business, including but not limited to a corporation, S corporation, partnership, limited liability company, or sole proprietorship subject to tax imposed under KRS § 141.020, 141.040, or 141.0401;
(8) “EOA student” means an eligible student who is participating in the EOA program; (9) “Income” has the same meaning as in the United States Department of Agriculture,
Food and Nutrition Service, Child Nutrition Programs, Income Eligibility
Guidelines, Federal Register Vol. 83, No. 89, published May 8, 2018, and as updated annually as authorized by 42 U.S.C. § 1758(b)(1)(A);
(10) “Intermediary organization” means a nonprofit organization that complies with the requirements of KRS § 141.500 to KRS § 141.528 and receives contributions to fund AGOs; and
(11) “Parent” means a biological or adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of an EOA student.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 167, sec. 6, effective June 29, 2021.
Legislative Research Commission Note (12/15/2022). On December 15, 2022, the
Kentucky Supreme Court ruled that the Education Opportunity Account Act, KRS
141.500 to 141.528, as enacted in 2021 HB 563 (2021 Ky. Acts ch. 167), “violates the proscription in Section 184 of the Kentucky Constitution on the raising or collecting of ‘sum[s]’ for ‘education other than in common schools’.” Commonwealth ex rel. Cameron v. Johnson, et al., 2021-SC-0518-TG.
(1) “Account-granting organization” or “AGO” means a nonprofit organization that complies with the requirements of KRS § 141.500 to KRS § 141.528 and:
Terms Used In Kentucky Statutes 141.502
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a corporation taxable under KRS §. See Kentucky Statutes 141.010
- Department: means the Department of Revenue. See Kentucky Statutes 141.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a natural person. See Kentucky Statutes 141.010
- Person: means "person" as defined in Section 7701(a)(1) of the Internal Revenue
Code. See Kentucky Statutes 141.900 - Resident: means an individual domiciled within this state or an individual who is not domiciled in this state, but maintains a place of abode in this state and spends in the aggregate more than one hundred eighty-three (183) days of the taxable year in this state. See Kentucky Statutes 141.010
(a) Receives contributions, allocates funds, and administers EOAs; or
(b) Is an intermediary organization;
(2) “Contribution” means a donation in the form of cash or marketable securities that is eligible for the tax credit permitted by KRS § 141.522;
(3) “Curriculum” means a complete course of study for a particular content area or grade level;
(4) “Education opportunity account” or “EOA” means the account to which funds are allocated by an AGO to the parent of an EOA student in order to pay for expenses to educate the EOA student pursuant to the requirements of KRS § 141.500 to
141.528;
(5) “Education service provider” means a person or organization that receives payments from an EOA to provide educational materials and services to EOA students;
(6) “Eligible student” means a resident of Kentucky who:
(a) Is a member of a household with an annual household income at the time of initially applying for an EOA from an AGO under this section of not more than one hundred seventy-five percent (175%) of the amount of household income necessary to establish eligibility for reduced-price meals based on size of household as determined annually by the United States Department of Agriculture applicable to the Commonwealth, pursuant to 42 U.S.C. secs.
1751 to 1789;
(b) Has previously received an EOA from an AGO under this section; or
(c) Is a member of the household of an eligible student that currently has an EOA
from an AGO under this section;
(7) “Eligible taxpayer” means an individual or business, including but not limited to a corporation, S corporation, partnership, limited liability company, or sole proprietorship subject to tax imposed under KRS § 141.020, 141.040, or 141.0401;
(8) “EOA student” means an eligible student who is participating in the EOA program; (9) “Income” has the same meaning as in the United States Department of Agriculture,
Food and Nutrition Service, Child Nutrition Programs, Income Eligibility
Guidelines, Federal Register Vol. 83, No. 89, published May 8, 2018, and as updated annually as authorized by 42 U.S.C. § 1758(b)(1)(A);
(10) “Intermediary organization” means a nonprofit organization that complies with the requirements of KRS § 141.500 to KRS § 141.528 and receives contributions to fund AGOs; and
(11) “Parent” means a biological or adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of an EOA student.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 167, sec. 6, effective June 29, 2021.
Legislative Research Commission Note (12/15/2022). On December 15, 2022, the
Kentucky Supreme Court ruled that the Education Opportunity Account Act, KRS
141.500 to 141.528, as enacted in 2021 HB 563 (2021 Ky. Acts ch. 167), “violates the proscription in Section 184 of the Kentucky Constitution on the raising or collecting of ‘sum[s]’ for ‘education other than in common schools’.” Commonwealth ex rel. Cameron v. Johnson, et al., 2021-SC-0518-TG.