Kentucky Supreme Court Strikes Down Charter Schools Law

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

Published on Feb. 27, 2026

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The Kentucky Supreme Court unanimously ruled that a 2022 law establishing public funding for charter schools is unconstitutional. The court affirmed that the state's constitution mandates education funds be used solely for the 'common public school system', rejecting arguments that charter schools offer needed educational choice.

Why it matters

This ruling is a major setback for charter school supporters who have long sought to gain a foothold in Kentucky. It upholds the state's longstanding commitment to public education funding, but also denies families alternative schooling options outside the traditional public system.

The details

In a unanimous decision, the Kentucky Supreme Court struck down a 2022 law that had authorized public funding for charter schools. The court ruled this measure violated the state constitution, which it said mandates education funds be used solely for the 'common public school system' and 'for nothing else'. This affirms a lower court's previous decision to block the charter schools law.

  • The 2022 charter schools law was enacted by the Republican-controlled state legislature over the veto of Democratic Governor Andy Beshear.
  • In 2024, Kentucky voters rejected a ballot measure that would have allowed state funds to support private and charter schools.
  • The Kentucky Supreme Court issued its ruling striking down the charter schools law on February 19, 2026.

The players

Kentucky Supreme Court

The state's highest court, which unanimously ruled that the charter schools law violated the Kentucky constitution's mandate for education funding to be used solely for the 'common public school system'.

Andy Beshear

The Democratic Governor of Kentucky who vetoed the 2022 charter schools law, before it was enacted by the Republican-controlled legislature.

Kentucky General Assembly

The state's Republican-dominated legislature that passed the 2022 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 (Kentucky Supreme Court opinion)

What’s next

The ruling effectively ends the push for charter schools in Kentucky, as the state legislature is unlikely to pass a new law that would withstand the Supreme Court's constitutional interpretation.

The takeaway

This decision upholds Kentucky's longstanding commitment to public education funding, but denies families the option of alternative schooling choices outside the traditional public school system. It marks a major victory for opponents of charter schools, who argued such institutions would divert needed resources from existing public schools.