Commonwealth of Kentucky, Ex Rel. Attorney General Russell Coleman v. Council for Better Education, Inc.

Summary

The Court affirmed the Franklin Circuit Court’s judgment that HB 9 violates Sections 183, 184, and 186 of the Kentucky Constitution. It held that charter schools created by HB 9 are outside the constitutional common-school system because they may limit enrollment, are not governed by local school districts, and are exempt from substantial public oversight, while the statute would divert public education funds to a parallel system. The Court therefore did not reach the parties’ other arguments or assess the policy merits or likely effectiveness of charter schools.