Courts and Education Policy

The Kentucky Supreme Court unanimously ruled Thursday that a 2022 law establishing public funding for charter schools violates the state constitution, holding that state education dollars "are for common schools and for nothing else." Writing for the court, Justice Michelle M. Keller said the constitution "as it stands" does not permit funneling public education funds outside the common public school system, affirming a lower‑court decision that had already blocked the law. The GOP‑controlled legislature had enacted the statute over Democratic Gov. Andy Beshear’s veto, but no charter schools have opened in Kentucky because there has never been a valid funding mechanism. Voters further underscored their opposition in 2024 by rejecting a constitutional amendment that would have allowed tax dollars to follow students to private or charter schools. The ruling is a major setback for school‑choice advocates who have tried for years to gain a foothold in Kentucky and will likely be cited in litigation and policy debates in other states over whether and how public funds can be steered away from traditional public schools.