By Trendsetter Tribune 
LOUISVILLE, KY — In a unanimous and landmark decision on Thursday, February 19, 2026, the Kentucky Supreme Court ruled that the state’s 2022 law establishing public funding for charter schools is unconstitutional. The ruling effectively blocks the implementation of a Republican-led initiative to bring privately operated, publicly funded schools to the Commonwealth.
Writing for the court, Justice Michelle M. Keller affirmed that the Kentucky Constitution is “clear” in its mandate: state education funds are strictly reserved for the “common-school system” and nothing else.
Key Findings of the Ruling
The court’s decision (Case No. 2024-SC-0123) focused on several specific constitutional violations within the 2022 legislation (HB 9):
- The “Common School” Definition: The justices ruled that charter schools, while tuition-free, do not fit the constitutional definition of “common schools” because they are managed by independent boards rather than elected local school boards accountable to the public.
- Diversion of Tax Dollars: The court found that the law unconstitutionally required local school districts to “funnel” tax revenue to charter schools, which Justice Keller noted would be an “unauthorized drain” on the existing public system.
- Lack of Voter Consent: The opinion pointed to Section 184 of the Kentucky Constitution, which prohibits the collection of taxes for non-common school purposes unless approved by a majority of voters in a state-wide referendum.
“The Constitution as it stands is clear that it does not permit funneling public education funds outside the common public school system. By a sweeping state-wide rejection in 2024, Kentucky voters steeled the constitutional backbone of educational funding.” — Justice Michelle M. Keller, Feb 19, 2026
Context: A Long-Running Battle
While charter schools have been technically legal in Kentucky since 2017, the state never had a mechanism to fund them until HB 9 was passed in 2022 over Governor Andy Beshear’s veto.
- The 2024 Referendum: The ruling heavily referenced the November 2024 election, where Kentucky voters in all 120 counties rejected a ballot measure (Amendment 2) that would have allowed public money to be used for private or charter education.
- Pilot Programs Canceled: The ruling immediately halts planned pilot programs in Jefferson County and Northern Kentucky that were expected to launch later this year.
Reactions from Frankfort and Beyond
| Stakeholder | Reaction |
| Gov. Andy Beshear | Praised the ruling: “State funding for private or charter schools is unconstitutional—period. It’s time to invest in our teachers and our public schools.” |
| Attorney General Russell Coleman | Expressed disappointment, arguing that the court failed to recognize the legislature’s intent to provide “educational liberty” for at-risk children. |
| KEA (Teachers Union) | Called it a “victory for every child in the Commonwealth,” ensuring that public funds stay in public classrooms. |
| National Alliance for Charters | Labeled the opinion “the most poorly reasoned in the 35-year history of the movement.” |
The Future of “School Choice” in KY
While this ruling is a definitive blow to charter schools as currently envisioned, it does not prevent the General Assembly from trying again—provided they can convince voters to amend the constitution.
Chief Justice Debra Lambert noted in a separate concurring opinion that any future attempts to alter the public education system must come in the form of a constitutional amendment approved by the people, rather than through simple legislation.