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Politics

Kentucky Supreme Courtroom guidelines that constitution colleges regulation is unconstitutional

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Last updated: February 20, 2026 4:09 am
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Kentucky Supreme Courtroom guidelines that constitution colleges regulation is unconstitutional
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By DYLAN LOVAN

LOUISVILLE, Ky. (AP) — The Kentucky Supreme Courtroom dominated Thursday {that a} measure establishing public funding for constitution colleges is unconstitutional, affirming that state funds “are for frequent colleges and for nothing else.”

The 2022 measure was enacted by the state’s Republican-dominated legislature over Democrat Gov. Andy Beshear’s veto. It was struck down the following yr by a decrease courtroom.

The state’s excessive courtroom dominated the “Structure because it stands is evident that it doesn’t allow funneling public training funds exterior the frequent public college system,” Justice Michelle M. Keller wrote in a unanimous opinion.

In 2024, Kentucky voters rejected a poll measure that may have allowed state lawmakers to allocate public tax {dollars} to assist college students attending personal or constitution colleges.

It was one other setback for supporters of constitution colleges, who’ve tried for years to achieve a foothold within the state. They argue the faculties provide one other selection for folks in search of the very best academic match for his or her youngsters. However opponents say such colleges would divert wanted funds from present public colleges and will choose and select which college students to simply accept.

Constitution colleges have been authorized in Kentucky since 2017, however none have opened due to the shortage of a technique to fund them.

Keller, in her opinion, wrote the courtroom was not passing judgment on the efficacy of constitution colleges.

“We make no predictions in regards to the potential success of constitution colleges or their potential to enhance the training of the Commonwealth’s youngsters, and we go away public coverage evaluations to the Commonwealth’s designated policymakers — the Basic Meeting,” she wrote.

However Keller argued, Kentucky has for greater than a century handled training as “a constitutional mandate, challenged repeatedly…”

“The mandate implicates state training funds are for frequent colleges and for nothing else,” the justice wrote.

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