Kentucky Supreme Court Strikes Down Tax Credits to Pay Private School Tuition
The lawsuit challenging the law was filed by the Council for Better Education, a group made up of most of Kentucky鈥檚 public school districts
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The Kentucky Supreme Court on Thursday unanimously struck down a Kentucky law creating a generous tax credit to help families pay for tuition at private schools.
The cites a long line of precedent reinforcing the Kentucky Constitution鈥檚 ban on the state financially supporting private schools in declaring the Education Opportunity Account Act unconstitutional.
The tax credit was available to any taxpayer who contributed to a fund that would make tuition assistance available to families.
鈥淭he statute creates a system whereby any Kentucky taxpayers who want to fund EOAs (education opportunity accounts) can send their money . . . for use at nonpublic schools instead of paying a comparable amount which they owe in Kentucky income tax,鈥� wrote Justice Lisabeth T. Hughes in an opinion signed by all seven justices.
鈥淪imply stated, it puts the Commonwealth in the business of raising 鈥榮um(s) 鈥� for education other than in common schools,鈥欌�� which the Constitution prohibits, wrote Hughes.
鈥淜entucky taxpayers who participate in the EOA program get essentially dollar-for-dollar credit (generally 95%) against the income taxes they would otherwise contribute to the Commonwealth,鈥� the opinion said.
The lawsuit challenging the 2021 law was filed by the a group made up of most of Kentucky鈥檚 public school districts. Advocates for had lobbied for the law.
Implementation of the law was put on hold after Franklin Circuit Judge Phillip Shepherd ruled it unconstitutional last year.
Following the Kentucky Supreme Court鈥檚 decision, Attorney General Cameron, who had defended the law before the Supreme Court, released this statement:
鈥淲e鈥檙e saddened that parents across the Commonwealth won鈥檛 be able to use the needs-based funding provided by Kentucky鈥檚 Education Opportunity Account Program to expand learning opportunities for their children. Our office is committed to helping ensure the best educational opportunity for every child.鈥�
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