Kentucky Supreme Court rules charter school funding law unconstitutional under state constitution
(ABC36 NEWS NOW) — The Kentucky Supreme Court has ruled that a law allowing charter schools to receive public education funding violates the state constitution, according to a newly released opinion from the court.
The decision centers on House Bill 9, which lawmakers passed to create charter schools in Kentucky. In a detailed ruling, the court said the law conflicts with several parts of the Kentucky Constitution that require public education money to stay within the state’s traditional public, or “common,” school system.
What the court decided
In simple terms, the Supreme Court said charter schools — as written in the law — are not the same as traditional public schools under Kentucky’s constitution. Because of that, justices ruled that state tax dollars cannot be used to fund them.
The court explained that Kentucky’s constitution treats education as a fundamental right and says the General Assembly must maintain an “efficient system of common schools.”
According to the ruling, charter schools don’t meet the legal definition of common schools because they can limit enrollment and operate outside the same oversight structure as local school districts.
Justices also pointed to long-standing constitutional rules that require public education funds to be used only for common schools unless voters approve another use through a statewide vote.
Why the constitution mattered
The court spent much of the opinion explaining that Kentucky’s constitution has strict protections for public school funding — stricter than many other states.
The justices said those protections were put in place more than a century ago after lawmakers diverted school money to other projects. Because of that history, they wrote, public education funds are “locked” to the common school system unless voters approve a change.
What happens next
The ruling affirms a lower court decision that blocked the charter school law from taking effect.
However, the court made clear that charter schools aren’t completely off the table. Justices said lawmakers could pursue them in the future if the Kentucky Constitution is amended or if voters approve funding outside the traditional public school system.
The opinion emphasized that the court was not weighing whether charter schools are good or bad policy — only whether the law follows the constitution as it exists today.
The bigger picture
The case grew out of a legal challenge brought by education groups, local school boards and others who argued the law would divert money away from traditional public schools.
In the end, the Supreme Court concluded that House Bill 9 creates a separate school system outside Kentucky’s constitutional framework for public education — and that makes it unconstitutional.
Officials say the ruling leaves the future of charter schools in Kentucky up to lawmakers and, potentially, voters if they choose to pursue changes through a constitutional amendment.
