Patricia Levesque is the Executive Director of ExcelinEd in Action.
“Charter schools are public schools. They are open to all students, and they are a welcome and legal addition to the educational landscape not only in Kentucky, but also in 44 other states across the country. Charter schools should be funded—and funded equitably—alongside traditional public schools to ensure that every student can access a quality education that meets their needs.
“This ruling rolls back opportunity for Kentucky students and families. We encourage Kentucky lawmakers to continue their pursuit of fair funding for charter schools that opens the door to opportunity and puts students and families first.”
About the Charter School Funding Law
Kentucky first allowed charter schools to operate in the Bluegrass State in 2017 with the passage of HB520, which set the requirements and responsibilities of charter schools operating in the state. However, the 2017 legislation did not include permanent state funding for charter schools. This funding error was not resolved until the 2022 legislative session with the introduction of HB9, which provides federal, state and local dollars for charter schools and establishes a pilot program designed to support charter school creation in Kentucky.
Gov. Andy Beshear vetoed the 2022 charter funding law, and the state legislature overrode the veto.
In January 2023, the Council for Better Education filed a lawsuit against the charter school funding law, alleging that it “unlawfully diverts” local funds to charter schools in violation of Kentucky’s constitution.
Despite the 2017 legislation that permitted the operation of charter schools in Kentucky, no charter schools currently operate in the state due to unnecessary funding hurdles and the uncertainty created by this litigation. As of the 2020-21 school year, 43 states—along with the District of Columbia, Puerto Rico and Guam— have opened public charter schools. According to the National Alliance for Public Charter Schools, charter schools currently serve more than 3.7 million students nationwide.
Yesterday, Franklin Circuit Judge Phillip Shepherd ruled that HB9, which would have secured a funding mechanism for charter schools, violates the Kentucky Constitution. Legal experts expect an appeal to the Kentucky Supreme Court.
