'Promises unfulfilled': Kentucky students file lawsuit against state for inadequate education

LEXINGTON, Ky. — Kentucky students, including the Kentucky Student Voice Team, on Tuesday filed a lawsuit against the state of Kentucky, asserting the state has failed to fulfill its constitutional obligation to provide all students with an adequate and equitable public education.

The lawsuit, filed in Franklin Circuit Court, draws from the 1989 Rose decision that spurred the Kentucky Education Reform Act (KERA) of 1990, a landmark initiative that propelled the state’s schools from the bottom of national rankings to models of success.

The students are seeking a return to the promise of the Rose decision and the state constitution to improve the commonwealth’s public school system — from what is discussed in the classroom, to deeper conversations about physical and emotional health and higher salaries for teachers.

“Generations before us fought to reimagine Kentucky schools, and we are here to ensure that promise is renewed for every student,” said Danielle Chivero, a student plaintiff from Lexington’s Tates Creek High School. “Our schools should be places where students are prepared to thrive, regardless of where they live or their family’s income.”

“Subsequent decades have seen declines in funding, teacher pay and resources, threatening the progress made,” students said in a statement shared with the Herald-Leader.

The Kentucky Student Voice Team unites young people from across the state as partners in research, policy and storytelling to build more just and democratic schools and communities.

The students outlined the “urgent need to address systemic deficiencies in Kentucky’s education system.”

Specifically, the lawsuit is filed against Kentucky Senate President Robert Stivers, Speaker of the House David W. Osborne, the Kentucky Board of Education and Kentucky Education Commissioner Robbie Fletcher.

“Unfortunately, the Commonwealth and its General Assembly have failed to maintain the level of commitment to education required by the Rose decision and have failed to meet their obligation to monitor the efficiency of the education system,” the lawsuit said.

“Likewise, the Kentucky Board of Education and Kentucky Department of Education have failed to ensure the state’s educational system is constitutionally compliant.”

Kentucky Department of Education spokesperson Jennifer Ginn said the agency had no immediate comment.

“We haven’t seen the lawsuit, but don’t comment on pending legislation,” said Laura Leigh Goins, a spokesperson for House Majority Leadership.

Angela Billings, a spokesperson for Senate Majority Leadership, said her office doesn’t comment on pending litigation.

The lawsuit also said, “Student academic achievement, civic preparation, college and career readiness, and student physical and mental wellness have all declined substantially in recent years. The Commonwealth of Kentucky, which was the national model for effective education reform in the 1990s, has now fallen behind in educational practices and accomplishments.”

The Kentucky Constitution guarantees every student the right to a quality public education, said Khoa Ta, a policy coordinator for the Kentucky Student Voice Team and a Owensboro Independent High School junior.

“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,” Ta said.

Student voice team members said the lawsuit highlights critical issues that undermine the quality of education across the state:

— Declining literacy skills: Only 41% of Kentucky eighth graders are proficient or above in reading, according to the 2023-24 Kentucky Summative Assessment.

— Lack of civics education: Kentucky is one of just 11 states without a civics course requirement, leaving students unprepared to engage in government processes and civic life. , according to the 2023 Committee for Economic Development)

— Mental health crises: In 2023, nearly 1 in 5 or 18.6% of Kentucky high school students reported seriously considering taking their own lives, according to the Kentucky Youth Risk Behavior Survey 2023. Yet, many Kentucky schools lack adequate counseling resources with some schools having no counselors at all.

— Limited arts availability: 18.5% of Kentucky schools report offering no visual or performing arts class of any kind., according to the 2023 Kentucky School Report Card.

— Severe academic disparities: There are vast differences in achievement between Kentucky districts, in many cases of over 70 percentage points, according to the 2023 Kentucky School Report Card.

The Kentucky Student Voice Team partnered with the law firm Kaplan, Johnson, Abate, & Bird and experts from Teachers College at Columbia University and Harvard Law School to craft the complaint. The team, in filing the lawsuit, “want(s) to hold the state accountable for falling short of the constitutional standard for a high-quality public education,” the news release said.

“This lawsuit targets systemic failures, not individual schools or teachers,” said Luisa Sanchez, a student plaintiff and a Boyle County High School junior. “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 Kentucky Student Voice Team plans to complement the lawsuit with a yearlong series of public hearings to gather insights and ideas from stakeholders across Kentucky. The hearings will result in recommendations for improving Kentucky’s schools and holding decision-makers accountable.

“This lawsuit is just the beginning,” said Peter Jefferson, a team litigation coordinator and a Henry Clay High School senior.

“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.”

Tom Shelton, executive secretary for Council for Better Education, an organization that’s been involved in numerous issues and lawsuits regarding public education dating back to the Rose decision, said his group is discussing what if any action they will take, including a brief in support of the lawsuit.

“Fixing Kentucky schools today can only happen if all people have a voice in deciding what education should be,” said Michael Gregory, director of the Youth Advocacy and Policy Lab at Harvard Law School.

Michael Rebell, director of the Center for Educational Equity at Teachers College Columbia University, said the Rose decision was a landmark in the nation. He said it inspired similar lawsuits around the country, some that had to be litigated again.

“It is the granddaddy of school adequacy cases,” said Rebell said.

The lawsuit is asking for an expedited review and an order declaring students have been denied an adequate and equitable education as guaranteed by the Kentucky Constitution, and the decision of the Kentucky Supreme Court in Rose v. Council for Better Education.

It seeks an order declaring that an efficient education requires inclusion of parents, teachers and students in developing and implementing educational capacities regarding civic preparation, physical and mental wellness, appreciation of cultural history and traditions and other areas.

It calls for an order declaring that state law does not prohibit teachers from promoting discussion of controversial historical issues and current issues in the classroom and encouraging students to enter into respectful discussion with individuals holding different views on controversial issues.

Such classroom discussions, the students say, are necessary to prepare students to function productively as civic participants and that no teacher shall suffer any penalty for promoting such discussions.

The lawsuit also asks for costs and legal fees.

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(Herald-Leader writer Linda Blackford contributed to this article.)

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