Kentucky Supreme Court Unanimously Strikes Down Charter School Funding Law
The Kentucky Supreme Court delivered a landmark ruling on Thursday, declaring that a legislative measure establishing public funding for charter schools directly violates the state Constitution. In a decisive opinion, the court held that public education funds are constitutionally reserved exclusively for the common public school system, affirming a previous lower court ruling that had invalidated the 2022 law.
A Constitutional Boundary on Education Spending
Justice Michelle M. Keller authored the unanimous opinion, stating clearly that the Constitution does not permit the diversion of public education funds beyond the established 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," Justice Keller wrote, according to the Associated Press. The ruling specifically addresses the constitutional interpretation that has governed Kentucky's education framework for over a century, rather than evaluating the policy effectiveness or merits of charter schools themselves.
The court emphasized that its decision was not a judgment on charter school performance. "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," Justice Keller explained. At the core of the case was whether state tax dollars could legally be directed to charter schools operating outside the traditional public system. The court concluded that existing constitutional language strictly limits such spending to common schools only, with Justice Keller noting, "The mandate implicates state education funds are for common schools and for nothing else."
Legislative Push Meets Judicial and Voter Resistance
The funding measure was part of a sustained effort by charter school supporters to establish a foothold in Kentucky. Although charter schools have been legally permitted in the state since 2017, not a single one has opened due to the complete absence of a public funding mechanism. This legislative push faced additional setbacks earlier in 2024 when Kentucky voters rejected a ballot initiative that would have allowed lawmakers to allocate public tax dollars to students attending private or charter schools, marking a separate blow to school choice advocates.
The debate over charter schools remains deeply polarized. Supporters argue vigorously that charter schools provide parents with crucial additional educational options and can better tailor schooling to meet individual student needs. Opponents, however, contend that redirecting public funds would severely strain existing public school resources and raise significant concerns about equitable student selection practices and accountability.
Implications and Future Pathways
This Supreme Court decision significantly constrains the Kentucky General Assembly's ability to fund charter schools under current constitutional provisions. While charter schools technically remain legal entities in the state, the lack of public funding makes their practical launch and operation highly unlikely under existing law. The court's opinion firmly frames education funding as a constitutional obligation intrinsically tied to the common school system, leaving lawmakers with very limited room to maneuver unless the Constitution itself is amended through a voter-approved process.
Any future attempt to shift public dollars toward charter institutions will now require either successful voter approval for a constitutional amendment or the identification of a completely different legal pathway. For the immediate future, Kentucky's public education funds remain constitutionally confined to the traditional common school system as defined by its foundational legal document. This ruling underscores the enduring strength of constitutional boundaries in shaping state education policy and funding allocations.
