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Student-led lawsuit against state on hold as judge orders additional briefs filed

Kentucky Student Voice Team

A lawsuit brought by Kentucky students against the General Assembly and the state Education Department is in a holding pattern following a hearing this week.

The Kentucky Student Voice Team maintains the state is failing to live up to its constitutional responsibilities when it comes to education — citing low test scores, overall school funding levels, and a lack of discussion of relevant social and political topics among other issues.

"We are asking the court to do what the Constitution demands, evaluate whether the commonwealth is fulfilling its obligation to provide every student with an adequate and equitable education. Not just in Louisville, not just in Lexington, not just in well funded suburban schools. Every student, every county, every classroom," said Brian Zia, one of the plaintiffs. "If the answer is no, and all the evidence says it is, then our leaders must be ordered to act."

But the Kentucky attorney general's office says the case should be dismissed and the students do not have standing. Assistant Attorney General Aaron Siletto also said the students need to show specific instances of harm.

Republican lawmakers have touted record funding levels for schools in recent years.

Judge Philip Shepherd did not deliver a decision Tuesday, but asked both parties to submit another brief in the next 30 days. He suggested it's unclear what remedy might be employed if the the court were to rule in favor of the students.