No Charter School Likely to Open in KY Until at Least 2019, as Lawmakers Spar Over Funding, Regulations
The challenges of establishing and enacting effective charter school legislation in Kentucky are becoming evident. Although Kentucky passed legislation authorizing charter schools in March 2017, there are currently no charter schools in the state, and it is unlikely that any will open until at least 2019.
There are still important aspects that legislators need to address before charter schools can become a reality. One crucial issue is securing a stable source of funding for these schools, and the education department must also finalize certain regulations.
Adding to the complexity, a group of Democratic lawmakers has introduced a bill to repeal the charter school law. While it is unlikely that the repeal will pass, as the Republicans control the legislative branch, the fact that there is opposition reflects the ongoing ideological divide on this issue.
Although Kentuckians initially anticipated charter schools to open for the 2018-19 school year, there are now doubts about this happening. Representative Phil Moffett, a Republican from Louisville who supports charters, believes that it will take at least two more years for charter schools to open in Kentucky due to the poorly constructed nature of the current law.
One of the main obstacles, according to Moffett, is that most of the state only allows local school districts to authorize charters. Exceptions to this rule are the cities of Louisville and Lexington, where mayors can act as additional authorizers. However, Moffett acknowledges that local school districts perceive charters as competition and are unlikely to be open-minded or welcoming. While charter operators can appeal to the state department of education in case of denial at the local level, this introduces an additional bureaucratic process.
Representative John Carney, who led the effort to pass the charter school legislation, has expressed doubts about finalizing funding within this legislative session. He believes that given the current budget situation and prevailing culture in Frankfort, everything could be put on hold, and nothing is guaranteed to pass this session.
Meanwhile, Representative Attica Scott, leading the Democratic counter-effort, introduced the repeal bill and has been vocal in her opposition to charters. She has been contacted by numerous educators who expressed their concerns about introducing charter schools in the state. In a perhaps unintended consequence, 40 educators have filed to run for state office, mostly as Democrats. The ongoing pension crisis and severe budget cuts may have further motivated educators to enter politics.
Scott raises concerns about charter schools potentially employing discriminatory admissions practices, although the legislation specifies that admissions should be based on randomized lotteries.
Despite the absence of charter schools in Kentucky, a recent report by the National Alliance for Public Charter Schools ranked Kentucky’s charter school law as the 10th best in the nation. According to Todd Ziebarth, involved in both the rankings report and Kentucky’s law, the strength of the law lies in its lack of a cap on charter growth, while providing accountability and flexibility. The law takes lessons from successful charter laws across the country and is designed to prioritize the needs of Kentucky’s most disadvantaged students.
While the repeal bill is seen as unfortunate, it is not expected to progress in the committee, being viewed as a political maneuver.
Disclosure: and the National Alliance for Public Charter Schools are supported by The Eli and Edythe Broad Foundation, Bill & Melinda Gates Foundation, Doris & Donald Fisher Fund, Walton Family Foundation, and the William E. Simon Foundation.
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