The Kentucky Supreme Court ruled Thursday that a 2022 law establishing public funding mechanisms for charter schools is unconstitutional, declaring that state education dollars are reserved for “common schools and for nothing else.”

The measure had been passed by the Republican-controlled legislature over a veto from Democratic Gov. Andy Beshear. A lower court struck it down in 2023, and the state’s high court affirmed that decision in a unanimous opinion authored by Justice Michelle Keller.

“The Constitution, as it stands, is clear that it does not permit funneling public education funds outside the common public school system,” Keller wrote. She emphasized that the court was not evaluating the merits or effectiveness of charter schools, but rather interpreting the constitutional limits on state education spending.

Charter schools have been legal in Kentucky since 2017, but none have opened due to the absence of a funding mechanism. Supporters argue that charter schools, including faith-based institutions, provide parents with additional educational options and foster competition that can improve outcomes. Opponents contend such schools would siphon money from traditional public schools and potentially limit student access.

In 2024, Kentucky voters rejected a ballot initiative that would have amended the state constitution to allow lawmakers to direct public tax dollars to private or charter schools, reinforcing existing constitutional language governing education funding.

Keller noted that Kentucky has long treated education as a constitutional mandate and reiterated that state education funds are restricted to the public school system as defined under current law.

The ruling represents a significant setback for school choice advocates who have sought to expand publicly funded alternatives in the Commonwealth.