National Alliance Responds to Kentucky Supreme Court Ruling on Public Charter Schools issued on February 19, 2026

WASHINGTON, Feb. 19, 2026 /PRNewswire/ -- Today, in the most poorly reasoned legal opinion in the 35 years of the charter school movement, the Kentucky Supreme Court overturned the state's charter school law. As a result, Kentucky students will have fewer high-quality public school options, a tragedy in a state where only one-in-three fourth grade students can read at grade level. The results are even worse for low-income students and students of color.

The sweeping Court decision not only prevents the creation of public charter schools in Kentucky, it also imperils some of the state's highest-performing public schools and specialty schools. The Court's reasoning for blocking charter schools calls into serious question the constitutionality of the Gatton Academy at Western Kentucky University, the Craft Academy at Morehead State University, the Model Laboratory School at Eastern Kentucky University, magnet schools serving nearly 50,000 students, the Kentucky School for the Deaf, and the Kentucky School for the Blind because of their admissions policies.

"We will keep fighting for Kentucky families until every child, everywhere, can attend a great public school that meets their unique needs," said Starlee Coleman, President & CEO, National Alliance for Public Charter Schools.

Local community leaders are also reacting to the court's ruling. Gus LaFontaine, cofounder of LaFontaine Preparatory School and an intervenor in the case, said: "We are disappointed in the Court's decision not to give the Kentucky Constitution the interpretation it deserves. We are also disappointed that Kentucky children cannot participate in this exciting educational opportunity that is already operating in 46 states. We will continue to offer opportunities to the many families who seek educational options that best fit their needs."

This lawsuit challenged the constitutionality of HB 9, a statute enacted in 2022 that funded charter schools and required the creation of charter schools in specific jurisdictions.  The case examined whether charter schools fit the definition of common schools (Kentucky's version of traditional public schools) and whether they are entitled to the public education funding common schools receive. The Kentucky Supreme Court ignored overwhelming evidence that the state's charter law had been carefully crafted to ensure the state's public charter schools met the definition of common schools in every meaningful way.

About the National Alliance for Public Charter Schools
The National Alliance for Public Charter Schools is committed to leading public education to unprecedented levels of academic achievement by fostering a strong national charter school movement. We advocate for policies that enable growth, equitable funding, access to facilities, and the flexibility charter schools need to innovate and succeed. For more information, please visit www.publiccharters.org.

About Public Charter Schools
Public charter schools are free, public, and open to all. Charter schools are given flexibility to design classroom instruction that responds to community needs and prepares students with skills they need to succeed in school and in life. In exchange for this flexibility, charters are held to high standards of transparency, accountability, and results. For more than 30 years, charter schools have been an important part of the American public education system. Today, there are more than 8,100 charter schools (8.4% of all public schools) educating nearly 4 million students (7.8% of all public school students), two-thirds of whom are from low-income, Black or Latino communities. Research shows that charter schools help students succeed in school, setting them on a path for success in college and the workforce.

SOURCE National Alliance for Public Charter Schools