LOUISVILLE, Ky. (AP) — A decision by the Kentucky Supreme Court has declared a law that provided public funding for charter schools unconstitutional. The ruling emphasized that state funds must exclusively support common schools, as outlined in the state constitution.
This legislation, passed in 2022 by the Republican-majority state legislature despite a veto from Democratic Governor Andy Beshear, was previously invalidated by a lower court ruling. Justice Michelle M. Keller, in a unanimous opinion, stated, “The Constitution as it stands is clear that it does not permit funneling public education funds outside the common public school system.”
In a separate but related development, Kentucky voters in 2024 rejected a proposal that would have permitted the allocation of public funds to private and charter school students. This marked yet another obstacle for advocates of charter schools, who have long argued for providing parents with more educational choices. Critics, however, maintain that charter schools could divert essential resources from existing public schools and selectively admit students.
Despite being legalized in 2017, no charter schools have been established in Kentucky due to the absence of a funding mechanism. Justice Keller noted that the court’s decision did not evaluate the effectiveness of charter schools. “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 wrote.
Justice Keller emphasized the historical context, pointing out that Kentucky has consistently treated education as a constitutional responsibility. “The mandate implicates state education funds are for common schools and for nothing else,” she asserted, reflecting on the state’s longstanding educational funding principles.
