KENTUCKY — An educational nonprofit representing several public school districts has sued the Kentucky Department of Education over a new state law that requires charter schools be opened in Louisville and northern Kentucky.

The lawsuit, filed Friday by the Council for Better Education, asks the Franklin Circuit Court to block the implementation of House Bill 9, alleging it's unconstitutional. The legal action was first reported by our partner, the Herald Leader.

Plaintiffs in the suit are the CBE, the Jefferson County Board of Education and the Dayton Independent Board of Education. KDE Commissioner Jason Glass and board chair Lu Young are listed as defendants.

HB9, if upheld, requires two pilot charter school programs be launched—one in west Louisville and one in northern Kentucky—to study the impacts of charter schools. Currently there are none in Kentucky.

The lawsuit claims that while an abstract framework for charter school funding was established in 2017 with House Bill 520, no concrete funding has been provided and the General Assembly's passage of HB9 "siphons resources from local school districts."

The CBE argues that HB9 "unlawfully diverts local tax revenue levied by local boards of education to unaccountable charter schools" in violation of Kentucky's constitution.

The measure also sets up a long-term funding method for charter schools by diverting public SEEK funds to the schools students choose to attend. Public charters, like traditional public schools, would have received a mix of local and state tax support.

In a statement on social media, Glass said any challenge to the constitutionality of charter schools is a challenge to the legislatures passage of HB9, not solely to KDE's directives issued in accordance with the law.

"In the event of litigation challening HB 9, it will be up to the Kentucky Attorney General to defend the General Assembly's charter school laws," Glass said. "The KDE and KBE will not expend its time and resources defending the General Assembly's charter school laws as the commissioner advised the legislature of constitutional (and other) uncertainties with the law when it was being legislated."

Kentucky's GOP-dominated state legislature passed the bill over the veto of Gov. Andy Beshear on April 13, 2022. Beshear blasted Republicans for the measure, framing it as an attack on public schools.

“I’m against charter schools,” he said before vetoing the measure. “They are wrong for our commonwealth. They take taxpayer dollars away from the already-underfunded public schools in the commonwealth.”

This is a developing story and may be updated. Check back later for the updates from Spectrum News 1.