Judge rules Kentucky education law unconstitutional


KENTUCKY (WEHT) – Franklin Circuit Court Judge Phillip Shepherd ruled on Friday that Kentucky’s new law offering tax credits to boost donations for private school scholarships is unconstitutional.

A lawsuit was filed in June by a coalition of plaintiffs, including the Council for Better Education, challenging the constitutionality of the law. The Kentucky Education Association has expressed its support for the plaintiffs.

“We applaud the decision of Judge Shepherd today for upholding the constitution of Kentucky against an attempt to divert tax dollars from our public schools and students into the pockets of big corporations and wealthy individuals,” said KEA President Eddie Campbell. “This is a victory for our public schools, our public school students, and our Commonwealth’s constitution.”

KEA says that under the Kentucky Constitution, the general assembly must provide for and oversee an efficient system of common schools and can not raise or spend funds on private schools that serve a select few. Americans for Prosperity released a statement calling the ruling disappointing.

“Educational freedom and opportunity finally became a reality in Kentucky this year with the passage of HB 563 and Educational Opportunity Accounts,” said AFP-KY State Director Michael Conway. The ruling issued by the Franklin Circuit Court blocking Kentucky’s educational opportunity accounts is disappointing.”

Conway said that the Americans for Prosperity activist community will continue to fight for families and children in the state to have the opportunity to choose the educational options that best fit their needs.

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