LOUISVILLE, Ky. — Kentucky’s highest court delivered a decisive blow to charter school advocates Thursday, declaring unconstitutional a law that would have provided public funding for these alternative educational institutions.
The unanimous Supreme Court decision reinforced that state education dollars must be reserved exclusively for traditional public schools, with no exceptions.
Republican lawmakers had pushed the funding legislation through in 2022, overriding a veto from Democratic Governor Andy Beshear. However, a lower court struck down the law the following year.
Justice Michelle M. Keller penned the court’s opinion, stating that Kentucky’s constitution clearly prohibits directing public education money away from the established common school system.
This legal defeat follows another significant loss for charter school proponents in 2024, when Kentucky voters turned down a constitutional amendment that would have permitted lawmakers to direct taxpayer funds toward private and charter school tuition.
The ongoing battle represents years of frustrated efforts by charter school supporters to establish these institutions in Kentucky. Advocates maintain these schools provide valuable alternatives for families seeking different educational approaches for their children. Critics counter that charter schools would drain essential resources from existing public schools while potentially discriminating in student admissions.
While Kentucky has permitted charter schools since 2017, none have actually opened due to the absence of any funding mechanism.
Justice Keller emphasized that the court’s ruling focused solely on constitutional law, not educational policy.
“We make no predictions about the potential success of charter schools or their ability to improve the education of the Commonwealth’s children, and we leave public policy evaluations to the Commonwealth’s designated policymakers — the General Assembly,” she stated.
However, Keller noted Kentucky’s longstanding constitutional commitment to public education, writing that for over a century, the state has viewed education as a fundamental obligation that has faced repeated challenges.
“The mandate implicates state education funds are for common schools and for nothing else,” the justice concluded.
