Post #2462760

I will say that I'm surprised that Kentucky has such robust constitutional protections for education, requiring: 1) that all Kentucky children have a right to an adequate education, 2) the system of common (ie public) schools must be "efficient", and 3) all money for the common schools cannot be used for any other purpose. While that last one sounds obvious, the Court noted that pre-1890, money for the schools was commonly pilfered for other uses. Hence why that constitutional protection was added, and defended against circumvention, such as by school books being held custody outside the common school system, being a diversion of resources purchased with public school money. As for the "efficient" requirement, the Court in 1989 struck down the _entire_ K-12 education system, on the premise that it failed to be "uniform and unitary", among other problems then. So too does the same logic apply to modern charter schools, which if they could take public money, would be a parallel and competing system of schools, which doesn't satisfy efficiency (because everything would be duplicative).