Commonwealth of Kentucky, ex rel. Attorney General Russell Coleman v. Council for Better Education, Inc.

Summary

The Supreme Court of Kentucky considers consolidated appeals concerning the constitutionality of Kentucky House Bill 9, which established a public charter-school framework. The court holds that charter schools are not “common schools” or “public schools” under Sections 183, 184, and 186 of the Kentucky Constitution and affirms the Franklin Circuit Court’s judgment enjoining implementation and public funding of the statute.

Holdings

1. HB 9's charter schools are not common schools because they may cap enrollment, need not provide every eligible child in the district the privilege of attending, and operate outside the statutory and regulatory structure governing local common schools.
2. HB 9 violates Section 183 because it creates a nonuniform, parallel system outside Kentucky's common-school system rather than an efficient, unitary, and uniform system subject to continuing General Assembly oversight.
3. HB 9 violates Sections 184 and 186 because it directs public education funds to charter schools outside the common-school system without first obtaining voter approval for taxation to support education other than in common schools.

Questions Presented

1. Whether HB 9's charter schools qualify as common schools under Sections 183 and 184 of the Kentucky Constitution.
2. Whether HB 9's charter schools qualify as public schools under Section 186 of the Kentucky Constitution.
3. Whether public funding of charter schools under HB 9 violates the constitutional restrictions on the use of common-school funds and on funding education outside the common schools without voter approval.
4. Whether the charter-school system created by HB 9 violates the constitutional requirements that Kentucky maintain an efficient, unitary, uniform, and adequately monitored common-school system.

Disposition

affirmed