Kentucky Supreme Court Rules Charter Schools Law Unconstitutional

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

Why it matters

This ruling is a major setback for charter school supporters in Kentucky, who have been pushing for years to gain a foothold in the state. The decision upholds the state's longstanding commitment to funding a unified public education system, rejecting efforts to allocate taxpayer dollars 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 in 2023, and the state's high 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 Kentucky Supreme Court ruled on the case on February 20, 2026.
• The 2022 charter schools law was enacted by the state legislature that year.
• A lower court struck down the law in 2023.

What they’re saying

What’s next

The ruling effectively ends the push for charter schools in Kentucky, at least until the state constitution can be amended. Supporters of charter schools may attempt to challenge the decision or pursue a constitutional amendment, but the court's unanimous and unambiguous ruling makes that an uphill battle.