Kentucky Supreme Court strikes down charter schools law

 The Kentucky Supreme Court struck down a law Thursday that would have allowed public funding to go to charter schools. 

Kentucky currently has no charter schools, and the court has determined public funding is only allowed for “common schools” under the state’s constitution.  

“Charter schools, by statute, are not regulated by local state authorities in school districts, are not regulated by the rules set out by the state authorities for schools, even if excluded from school districts, and therefore they are not a common school,” the judges found.  

The measure to get public funding to charter schools was passed by the Republican Legislature in 2022, despite opposition from Democratic Gov. Andy Beshear.  

The ruling is a setback for the charter school movement that has longed to be seen as equivalent to public schools while giving students and parents free alternatives.  

The state Supreme Court said its ruling is not based on its opinions of charter schools as a concept, but how Kentucky has long treated how public funding should be used for 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 policy makers — the General Assembly,” the ruling reads.  

Lawmakers have continued efforts to get public funding to charter or private schools, but a proposed change to the state’s constitution was rejected by voters in 2024.  

The battle is different from other states that allow public funding to go to charter schools, with religious charter schools attempting to access public money. 

https://thehill.com/homenews/education/5747258-kentucky-supreme-court-charter-schools-law/