Kentucky Supreme Court rules charter school funding law unconstitutional

The Kentucky Supreme Court ruled Thursday that a measure establishing public funding for charter schools violates the state Constitution, holding that public education funds are reserved for the common school system.

The decision affirms a lower court ruling that struck down the 2022 law, which had been enacted by the Republican dominated legislature over the veto of Democratic Governor Andy Beshear.

In a unanimous opinion, Justice Michelle M. Keller wrote that the Constitution does not permit the diversion of public education funds beyond the common public school structure.

“The Constitution as it stands is clear that it does not permit funneling public education funds outside the common public school system,” Keller wrote, according to the Associated Press.

A constitutional boundary

The ruling does not address whether charter schools are effective. Instead, it rests on a constitutional interpretation that has shaped Kentucky’s education framework for more than a century.

Keller wrote that the court was not evaluating the policy merits 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, the Associated Press reports.

At issue was whether state tax dollars could be directed to charter schools outside the traditional public system. The court concluded that existing constitutional language restricts such spending to common schools.

“The mandate implicates state education funds are for common schools and for nothing else,” Keller wrote, according to the Associated Press.

Legislative push and voter rejection

The funding measure was part of a broader effort by charter school supporters to establish a presence in Kentucky. Charter schools have been legal in the state since 2017, but none have opened due to the absence of a funding mechanism.

In 2024, Kentucky voters rejected a ballot initiative that would have allowed lawmakers to allocate public tax dollars to students attending private or charter schools. The vote marked a separate setback for school choice advocates.

Supporters argue that charter schools provide parents with additional options and can better align schooling with student needs. Opponents contend that redirecting public funds would strain existing public schools and raise concerns about student selection practices.

What the ruling means

The decision leaves the General Assembly with limited room to maneuver unless the Constitution is amended. While charter schools remain legal, the absence of public funding makes their launch unlikely under current law.

The court’s opinion frames education funding as a constitutional obligation tied to the common school system. Any future effort to shift public dollars toward charter institutions will require either voter approval or a different legal pathway.

For now, Kentucky’s public education funds remain confined to the system defined by its Constitution.
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