Kentucky Supreme Court Strikes Down 2022 Charter School Law

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In a unanimous 26-page decision, the Kentucky Supreme Court has struck down a 2022 state law that allowed for the creation of publicly funded charter schools. The court ruled that the state constitution's protections for the public education system prohibit the use of public funds to subsidize alternative, non-traditional educational institutions.

Why it matters

The ruling is a significant setback for school choice advocates, as it limits the ability of families to access publicly funded alternatives to traditional public schools. However, the decision does not prohibit private education itself, only the use of constitutionally designated public education funds for such purposes. The ruling affirms the state's duty to maintain an efficient and adequate public school system accessible to all students.

The details

The court found that the 2022 charter school law violated the state constitution's requirement that public education funds be used solely for the benefit of the common public school system. While lawmakers retain broad authority over the structure and funding of public education, the constitution prohibits the repurposing of those resources for non-common-school uses. Any future school choice reforms will require careful constitutional engineering to avoid running afoul of the state's obligations.

• The Kentucky Supreme Court published its 26-page ruling on February 19, 2026.
• The challenged 2022 charter school law was passed by the state legislature two years prior.

What’s next

The Kentucky General Assembly will need to carefully consider how to structure any future school choice or education funding reforms to comply with the state constitution's requirements for maintaining an efficient and adequate public education system.