Kentucky Supreme Court Rules Against Families, School Choice

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On Thursday, the Kentucky Supreme Court issued an unprecedented ruling against school choice, striking a blow against common sense and the thousands of families desperate for a better education for their children. The Court struck down Kentucky’s tax-credit scholarship program, which passed in 2021.

The program would have allowed families to access tuition scholarships to education providers that met their individual needs. Ultimately, this decision will hinder thousands of Kentucky students from reaching their full potential.

This decision is out of step with national legal consensus. Courts at all levels, including state supreme courts and the U.S. Supreme Court, have consistently upheld school choice programs as constitutional.

School choice programs have been shown to be popular, effective, and transformative for students and families. The American Federation for Children will continue to advocate for the rights of Kentucky parents to choose their children’s education.

Statement from Tommy Schultz, CEO of the American Federation for Children:

“We are furious that the Kentucky Supreme Court would move to withhold education options from thousands of families. Right before Christmas, the Court has opted to strike a blow against countless children’s futures. Their action is clearly out of step with case law and upholds an education status quo that has resoundingly failed. We welcome the day that Kentucky funds students, not systems and will stand behind parents every step of the way.”

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