Kentucky Supreme Court hears charter school funding case

SUMMARY

• Kentucky Supreme Court hears challenge to House Bill 9
• Case could determine future of charter schools in the state
• Supporters say school choice closes achievement gaps
• Opponents warn of diverted funds from public schools

School choice resurfaced Thursday, Sept. 11, as a hotly debated issue in Kentucky, where the state’s highest court heard arguments in a bitter dispute over the constitutionality of a measure to publicly fund charter schools.

The measure, known as House Bill 9, was enacted by the state’s GOP-dominated legislature in 2022 over Democratic Gov. Andy Beshear’s veto. It would funnel taxpayer dollars to support charter schools. It was struck down by a lower court judge, setting up the climactic review by the Kentucky Supreme Court.

The outcome could decide whether charter schools gain a foothold in the Bluegrass State.

Supporters say charter schools offer another choice for parents looking for the best educational fit for their children. A goal, they say, is to close student achievement gaps. Opponents say such schools would divert needed funds from existing public schools and could pick and choose which students to accept.

Kentucky is among a handful of states where charter schools don’t operate.

The Supreme Court justices weighed in with a series of questions for attorneys on both sides. Some questions drilled down into matters of accountability and oversight for charter schools.

Hanging over the case was a proposed constitutional amendment that would have allowed state lawmakers to appropriate tax dollars for educational opportunities outside the public school system. That ballot measure was overwhelmingly defeated by statewide voters in the 2024 general election.

The justices did not indicate how soon they will rule on the matter.