Kentucky Supreme Court Rules Charter Schools Law Unconstitutional

Ruling affirms state funds are for 'common schools and for nothing else'

Published on Feb. 26, 2026

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The Kentucky Supreme Court has ruled that a 2022 law establishing public funding for charter schools is unconstitutional. The court unanimously affirmed that the state constitution requires education funds to be used only for the 'common public school system', not diverted to charter or private schools.

Why it matters

This ruling is a major setback for supporters of charter schools in Kentucky, who have been trying for years to gain a foothold in the state. The decision upholds the view that public education funds must remain within the traditional public school system, rather than being allocated to alternative school models.

The details

The 2022 charter schools law was enacted by the Republican-controlled state legislature over the veto of Democratic Governor Andy Beshear. A lower court had previously struck down the law, and the state Supreme Court has now affirmed that ruling, with Justice Michelle M. Keller writing that the 'Constitution as it stands is clear that it does not permit funneling public education funds outside the common public school system'.

  • The 2022 charter schools law was enacted by the Kentucky legislature.
  • In 2024, Kentucky voters rejected a ballot measure that would have allowed state funds to support private and charter schools.
  • On February 19, 2026, the Kentucky Supreme Court ruled the charter schools law unconstitutional.

The players

Kentucky Supreme Court

The state's highest court, which unanimously ruled the charter schools law unconstitutional.

Andy Beshear

The Democratic Governor of Kentucky who vetoed the 2022 charter schools law.

Kentucky General Assembly

The state's Republican-controlled legislature that enacted the charter schools law over the Governor's veto.

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What they’re saying

“The Constitution as it stands is clear that it does not permit funneling public education funds outside the common public school system.”

— Justice Michelle M. Keller, Justice, Kentucky Supreme Court

What’s next

The ruling effectively ends the effort to establish publicly-funded charter schools in Kentucky, at least until the state constitution can be amended. Supporters of charter schools may now turn their attention to pursuing that constitutional change.

The takeaway

This decision upholds the longstanding principle in Kentucky that public education funds must be directed solely to the traditional public school system, rather than being diverted to alternative school models. It represents a major victory for opponents of charter schools who argued such institutions would siphon resources away from existing public schools.