The Kentucky Sup Crt declared a fundamental right to education. Is KY’s charter school law unconstitutional?

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Courier Journal 

Charter schools are finally allowed in Kentucky, but legal experts and advocates say it’s only a matter of time before the law permitting them is debated in court…

In a massive 1989 decision, the Kentucky Supreme Court declared that education is a fundamental right under the state’s constitution, Jones told his colleagues. That case, Rose v. Council for Better Education, led to major reforms after the court deemed the state’s school system unconstitutional.

The Supreme Court ruled that the state legislature must adequately fund an efficient system of common schools throughout the commonwealth, Jones said. That’s where he thinks charter schools could run into legal trouble.



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