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Kentucky Supreme Court rules that charter schools law is unconstitutional
Kentucky Supreme Court blocks charter school funding, citing constitutional limits requiring voter approval for spending outside common public schools.
- On Thursday, the Kentucky Supreme Court unanimously struck down House Bill 9, nullifying the 2022 law to establish statewide charter schools in a ruling authored by Justice Michelle M. Keller.
- Section 184 of the Kentucky Constitution forbids raising or collecting education funds outside common schools without a majority public vote, reflecting the 1890-91 Constitutional Convention's creation of a `lockbox` to prevent diversion.
- House Bill 9 would have created charter school pilots in Northern Kentucky and Louisville and allowed operators to set enrollment caps and lottery systems outside district boundaries.
- The ruling prevents lawmakers from using the current tax structure to fund charter schools and requires placing them under local school boards or a Section 184-compliant tax referendum, marking a victory for the Council for Better Education and the Jefferson County Board of Education.
- Kentucky voters in all 120 counties rejected Amendment 2 in the 2024 vote, reinforcing funding for the common-school system while charter schools have been legal since 2017 but remain unopened.
86 Articles
86 Articles
Kentucky Supreme Court rules charter schools law is unconstitutional
The Kentucky Supreme Court ruled Thursday that a measure establishing public funding for charter schools is unconstitutional, affirming that state funds “are for common schools and for nothing else.”
Kentucky Supreme Court Obliterates 2022 Charter School Law
In a 26-page opinion published Thursday, the Supreme Court of Kentucky has unanimously concluded that state constitutional protections for the public school system remain binding and must be interpreted strictly. As such, the state’s charter school law — passed in 2022, and allowing public funds to go toward such educational institutions — is in violation, and has been stricken accordingly. According to the Court, education in Kentucky is “a con…
The Berkshire Eagle
National Alliance Responds to Kentucky Supreme Court Ruling on Public Charter Schools issued on February 19, 2026
WASHINGTON, Feb. 19, 2026 /PRNewswire/ -- Today, in the most poorly reasoned legal opinion in the 35 years of the charter school movement, the Kentucky Supreme Court overturned the state's charter school law. As a result, Kentucky students will have…
KY Supreme Court unanimously strikes down Republican lawmakers’ 2022 charter school law • Kentucky Lantern
Audience members watch from above as the Kentucky Supreme Court hears oral arguments at Centre College’s Norton Center for the Arts in Danville in September. The justices convened at the college as part of its effort to make proceedings accessible to the public. (Administrative Office of the Courts photo)FRANKFORT — Kentucky Supreme Court justices all agreed that the Republican-controlled legislature’s 2022 law allowing charter schools is uncons…
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