FRANKFORT, Ky. — A lawsuit spearheaded by students argues that Kentucky’s educational framework has been deteriorating for several years since the implementation of notable statewide reforms. The claimants are urging the court to declare that the state is neglecting its constitutional obligation to provide equitable and quality education for all children, regardless of their economic backgrounds.
The students, representing various high schools across the state, wish to hold the government accountable for what they perceive as a failure to ensure a high-quality education that is not dependent on geographical or economic factors. “Generations before us fought to reimagine Kentucky schools, and we are here to ensure that promise is renewed for every student,” expressed Danielle Chivero, a student plaintiff from Lexington.
The litigation features the Kentucky Student Voice Team, a collective of around 100 students from public schools statewide, with some members also listed as plaintiffs. The lawsuit targets key figures in the Republican-led state legislature, the Kentucky Board of Education, and the state’s education commissioner.
While the Kentucky Department of Education refrained from commenting on the lawsuit, officials from the GOP Senate leadership also decided not to address ongoing litigation. Meanwhile, Governor Andy Beshear’s office has remained silent on the lawsuit’s specifics, yet continues to advocate for increased funding for education in the governor’s budget propositions submitted to state lawmakers.
“Funding is essential to enable competitive salaries for teachers and to establish universal pre-K programs, which are critical for our workforce and ensure that children are school-ready,” stated James Hatchett, a spokesperson for the governor.
Kentucky joins several other states recently facing similar lawsuits regarding disparities in education funding between affluent and less affluent districts, including Pennsylvania, North Carolina, and Washington. These legal challenges have often compelled states to allocate more resources towards educational institutions and distribute funds more equitably. However, these cases frequently take years to resolve, and lawmakers do not always adhere to judicial mandates for reform.
Filed on Tuesday in the Franklin County Circuit Court, the Kentucky lawsuit is an effort to revive a case that previously resulted in a significant 1989 state Supreme Court ruling, which determined that the K-12 educational system in Kentucky was unjust and insufficient, prompting the legislature to make necessary reforms.
This led to the enactment of the Kentucky Education Reform Act (KERA) a year later, which restructured the education system, including a new funding formula aimed at enhancing financial support for students and ensuring equity across districts. Initially, after KERA was implemented, disparities in funding between wealthy and poor districts decreased significantly, according to the lawsuit. However, over the last two decades, the state has reportedly failed to sustain necessary base funding, leading to increased financial pressure on local districts.
Consequently, the gap in per-student funding between the wealthiest and poorest districts has surpassed the inequalities that were ruled unconstitutional back in 1989, as claimed in the lawsuit. The student plaintiffs are now seeking a judicial decision on whether Kentucky schoolchildren are receiving the quality education mandated by the state’s highest court three decades ago.
Other deficiencies highlighted in the lawsuit include declining literacy levels among students, inadequate civics education, and insufficient counseling resources in numerous Kentucky schools. The lawsuit stated, “The Commonwealth of Kentucky, which was once a national model for effective education reform in the 1990s, has now fallen behind in educational practices and achievements.”
Education funding remains a chief topic among lawmakers in Kentucky as they draft the upcoming state budget. Republicans have emphasized the funds allocated for education in the two-year budget approved last year. They increased per-student funding and local districts’ transportation funding while also directing additional resources to impoverished districts and enhancing state contributions for the teachers’ pension system.
The student plaintiffs, however, challenge this narrative by asserting, “Since the 1990s, base funding for education provided by the state has dropped by approximately 25% when adjusted for inflation, and the state’s contribution to overall education costs has decreased from 75% to 50%, placing an unsustainable financial burden on local school districts.”
Those involved stress that their lawsuit is not aimed at blaming classroom teachers in Kentucky. “This lawsuit targets systemic failures, not individual schools or teachers,” stated Luisa Sanchez, a student plaintiff and Boyle County high school junior. “While we recognize the commitment of educators, the root causes of these issues stem from decisions made at the state level and inequitable resource distribution.”
According to Michael Rebell, one of the lawyers representing the plaintiffs, the case is expected to reach the Kentucky Supreme Court. As this litigation could take considerable time, the older student plaintiffs are aware their outcomes may not directly benefit them. “Some express hope that their younger siblings will gain from this, but most emphasize they are fighting for the future and for Kentucky students they have yet to meet,” he remarked.
