LOUISVILLE, Ky. — More than a year after the Kentucky legislature passed a bill funding charter schools, a judge ruled the bill violates Kentucky’s constitution. 

Franklin Circuit Judge Phillip Shepherd issued an order on Monday, Dec. 11, stating House Bill 9, which established a funding mechanism for charter schools in Kentucky, is unconstitutional.

Judge Shepherd said HB 9 violated the plain language of the constitution, which includes a requirement for a “efficient system of common schools” and that tax dollars can’t be used to support non-public education.

The bill would have also mandated the creation of two pilot charter schools—one in Louisville and another in northern Kentucky.

Tom Shelton with the Council for Better Education said in a statement they appreciate the ruling and added, “The constitution specifically prohibits the privatization of public funds. Public funds are for public purposes.”

The Bluegrass Institute, a Bowling Green-based group that describes itself as an “independent research and educational institution,” released a statement saying, “Today’s ruling by Franklin Circuit Judge Phillip Shepherd denies Kentucky families whose children remain trapped in failing schools the opportunity of enrolling their children in charter schools—a public-school option available to parents in 45 other states, including many with which Kentucky competes for population growth and economic development.”