On Jan. 14 of this year, students, along with their families and the Kentucky Student Voice Team (KSVT) filed a lawsuit against the Commonwealth of Kentucky on the grounds that the State has “failed to fulfill its constitutional obligation to provide all students with an adequate and equitable public education.”
The lawsuit comes in the wake of a declining education system in the State. According to the KSVT and Kentucky Summative Assessment, only 41% of Kentucky 8th graders are proficient or above in reading. They also state that Kentucky is one of 11 states that do not require students to take a Civics course, giving them lacking public and political knowledge, and a limited availability to classes regarding the arts, with 18.5% of Kentucky schools report offering no visual or performing arts class of any kind. As well as these figures, they also state that Kentucky schools have a serious mental health issue, with nearly one in five students in Kentucky High Schools reporting that they have seriously considered taking their own lives.
The suit seems to have been heavily inspired by the 1989 Court case “Rose v. Council for Better Education.” In that case, the Kentucky Supreme Court ruled that the system was indeed inadequate and inequitable for students. This decision inspired the State Legislature to pass the “Kentucky Education Reform Act” the following year, which initiated six basic initiatives in Kentucky education such as reinforcing common core subjects, helping teach self-sufficiency to students, and teaching students proper communication skills. The law also enacted the Support Education Excellence in Kentucky program (SEEK) which provides funds to local school districts in the State. This program, also, has faced criticism among residents in Kentucky regarding its ability to provide adequate financial support to Kentucky schools.
Khoa Ta, a policy coordinator for the KSVT and a junior at Daviees County High School, said many students in Kentucky feel “unfulfilled” by their education. “The Kentucky Constitution guarantees every student the right to a quality public education. 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.”
Peter Jefferson, a Henry Clay High School Senior also involved in the lawsuit, said, “Taking this lawsuit into court isn’t about blame.” He continued, “We know that teachers, school administrators, counselors and the countless staff that serve the students across the commonwealth every day are not for the lack of these capacities. They are making efforts in underfunded and under-resourced communities. But we understand that there is a standard that needs to be met and lawmakers in Frankfort, Republicans and Democrats alike, have failed to meet that standard.” Jefferson finished by saying “We want to give community members a chance on how our system can be improved and how we can continue to honor and uphold the legacy of Rose.”
Other students involved with the suit have reinforced this notion of not blaming teachers for the State’s education shortfall. One student stated, “This lawsuit does not target any individual Kentucky schools, principals, teachers or school districts.” Another said, “We are Kentucky students, we are here today because we care about the commonwealth and our future, we are here today because we refuse to accept the status quo when it comes to our education.”
The suit has named Senate President Robert Stivers, R-Manchester; House Speaker David Osborne, R-Prospect; the Kentucky Board of Education and Education Commissioner Robbie Fletcher as defendants. All three mentioned have either declined to comment about the suit or have not said anything thus far about the filing.
According to the release announcing the lawsuit, the next steps to come for KSVT and the students involved will be years long. They also stated that they plan to use public hearings regarding education to gather ideas, insight, and other information from stakeholders in Kentucky education.
Photo courtesy of Spectrum News.
