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In a serious blow to school choice advocates, Kentucky Supreme Court overturns charter funding law

Students attend a school choice rally at the Kentucky Capitol on Thursday, Jan. 25, 2024, in Frankfort, Ky. School choice supporters are pushing for a constitutional amendment that would sanction state support for charter or private schools. (AP Photo/Bruce Schreiner)
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AP
Students attend a school choice rally at the Kentucky Capitol on Thursday, Jan. 25, 2024, in Frankfort, Ky. School choice supporters are pushing for a constitutional amendment that would sanction state support for charter or private schools. (AP Photo/Bruce Schreiner)

The Kentucky Supreme Court has struck down a 2022 law allowing for the creation of publicly-funded charter schools in the state.

In a unanimous opinion, the high court argued charter schools do not fall under the umbrella of "common schools," the system enshrined in the state Constitution.

Justice Michelle Keller went on to write against what she labeled a "parallel system" of schools, exempted from some state education regulations, that calls itself "public."

Charter schools became technically legal in 2017, but they lacked a funding mechanism. What the high court overturned was a later piece of legislation that laid out a process for funding the alternative schools with public money. To do that, the court argued, the General Assembly must first gain approval from voters.

School choice advocates have long argued parents, especially those lacking financial means, should have more options when it comes to education if they are frustrated with traditional public schools.