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More than 30 years after a lawsuit led to major reforms for Kentucky’s public schools, a new lawsuit alleges the state is failing to meet its constitutional responsibility to provide an adequate and equitable education.
The suit was filed Jan. 14 against the commonwealth and Kentucky Department of Education on behalf of nine students, who are members of the Kentucky Student Voice Team. It was inspired by the 1989 Rose v. Council for Better Education case, which argued the state’s education system was failing children.
The Kentucky Supreme Court ultimately ruled the system was inequitable and inadequate, which prompted the Kentucky Education Reform Act (KERA) of 1990.
“The children of the poor and the children of the rich, the children who live in the poor districts and the children who live in the rich districts must be given the same opportunity and access to an adequate education,” that ruling said.
Despite major reforms that improved Kentucky schools, “declines in funding, teacher pay and resources” have threatened success, a release announcing the suit states.
“The Kentucky Constitution guarantees every student the right to a quality public education,” Khoa Ta, a junior from Daviess County High School, said in the release. “This right was clarified in the 1989 Rose v. Council for Better Education decision. But today, the legacy of Rose is wilted as its promises have gone unfulfilled for far too many Kentucky students.”
On the 30th anniversary of KERA, Brigitte Blom Ramsey, who runs The Prichard Committee, a nonpartisan education advocacy group, referred to the act as a success story.
“We started climbing the rankings in (national tests),” she said at the time. “And we were, I think, in the top five in the nation making improvement.”
But a Courier Journal investigation found the act’s signature tenets — equitable funding, a school accountability system, school-based councils and depoliticized overseers — were either underfunded, routinely tweaked or otherwise threatened.
More: On shaky ground: How did Kentucky’s watershed education reform act hold up after 30 years?
The new lawsuit points to declining literacy rates among Kentucky students, the lack of a civics course requirement, a lack of mental health supports for struggling students and academic disparities district to district as reasons the act is failing.
Specifically, it notes 41% of the state’s eighth graders were proficient readers, according to the state’s latest assessments; that Kentucky is one of just 11 states without a civics course requirement; and roughly 18% of high schoolers self reported they had seriously considered suicide, “yet many Kentucky schools lack adequate counseling resources, with some schools having no counselors at all.”
“This lawsuit targets systemic failures, not individual schools or teachers,” said Luisa Sanchez, a student plaintiff and a junior from Boyle County High School. “We see the dedication of educators every day, but the root cause of these challenges lies in state-level decision-making and resource inequities.”
The student plaintiffs gathered outside a Frankfort courthouse Tuesday afternoon to announce the lawsuit, which was crafted in part with the help of the Teachers College at Columbia University and Harvard Law School.
Moving forward, the Kentucky Student Voice Team plans to host a series of public hearings to hear from stakeholders, which will “inform recommendations for improving Kentucky’s schools and holding decision-makers accountable.”
“This lawsuit is just the beginning,” said Peter Jefferson, a senior from Henry Clay High School. “Real change will require the input, ideas and commitment of all Kentuckians. Together, we can create a future where every student has access to the education they deserve.”
Olivia Krauth contributed to this report. Krista Johnson covers education and children. Have story ideas or questions? Contact her at kjohnson3@gannett.com.
This article originally appeared on Louisville Courier Journal: Kentucky students sue state for providing inadequate education