Kentucky Supreme Court Nullifies ESA Program

In a unanimous decision, the Supreme Court of Kentucky struck down the Education Opportunity Account Act as unconstitutional, reported NBC affiliate WPSD.

According to EdChoice, the Education Opportunity Account Act of Kentucky was conceived as an Education Savings Account (ESA) program funded through tax-credit scholarships, making it the first such ESA in the country.

The Kentucky Education Association (KEA), with the support of the National Education Association (NEA) and a coalition of plaintiffs, including the Council for Better Education, challenged the law’s constitutionality, reported WPSD.

KEA President Eddie Campbell applauded the court’s decision: “This is a victory for Kentucky’s public schools and public-school students. This decision protects the power of the people to decide important questions of public education policy and holds the legislature to account for upholding their oath to support and defend the Kentucky constitution.”

“We simply can’t afford to support two different education systems – one private and one public – on the taxpayer’s dime, and this ruling supports the concern,” Campbell added.

Also applauding this verdict, Kentucky Governor Andy Beshear tweeted, “Today’s ruling by the Kentucky Supreme Court couldn’t be more clear: state funding for private or charter schools is unconstitutional – period. It’s time for the General Assembly to invest in our public schools, our teachers and our children.”

From supporters of the ESA,  this ruling  generated substantial  criticism, reported WPSD. Bluegrass Institute for Public Policy Solutions President Jim Waters accused the Kentucky Supreme Court of siding with "opponents of educational liberty."

Joining Waters, Kentucky House Speaker David Osborne, according to the Associated Press, said, “We will continue efforts to empower parents and families despite pushback from an education administration more interested in satisfying self-serving union interests.” 

- S. Karn