LOUISVILLE, Ky. — "A lot of states have been operating with charters for many many decades," Republican State Senator Lindsey Tichenor said. She wants to make that a reality in Kentucky too, but judicial roadblocks halt the progress.
A decision made by Judge Phillip Shepherd on Monday compared charter schools against constitutionally required common schools, which must offer instruction for every child in a district.
"If we have people who aren't succeeding in that," Tichenor said, "they should have an option to be able to choose a school, an environment, that might fit them better and serve them better."
But the judge's ruling focused on how charters don't have to serve everyone. In the decision, he wrote:
"Charter schools in Kentucky would be allowed to limit enrollment, resulting in rejection of children who through no fault of their own lack the resources ... to succeed in school or the charter school admissions process."
Unlike a traditional public school, charters operate independently of the state's influence. According to Kentucky state law, they would have to form an agreement—known as a charter—with a local school board and the local government.
Although the judge explicitly separates the idea of a public school and a charter school, Sarah Durand with the conservative think tank KYFREE believes charters are public.
"So if the state is giving money, $10,000 dollars towards this kid, who cares where the kid goes? I mean, it's a public school kid going to a public school," she said.
State House Rep and JCPS teacher Tina Bojanowski thinks the money could be spent better on traditional education.
"There may be some good companies," she said, "but there are a lot of companies that are in this business to make a profit. And I think the education of our children suffers."
The dispute over funding charters isn't over even with the ruling. It could be appealed and come before Kentucky's Supreme Court like a similar issue did last year.
Republican lawmakers are eyeing a ballot vote for 2024 that would give voters the opportunity to decide how tax dollars could divert from traditional public education.
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