JCPS lawsuit against legislature could have consequences beyond Louisville | Opinion

On Aug. 6, the Kentucky Supreme Court will hear arguments from attorneys in a lawsuit that the Jefferson County Board of Education brought against sweeping reforms enacted by the Kentucky General Assembly as Senate Bill 1 in 2022.

The Court will decide whether the Kentucky General Assembly can tailor public policies to meet the specific needs of some communities or if we must apply a one-size-fits all approach to crafting laws. Reason would dictate the legislature must have the flexibility to approach a district with a $2.2 billion budget, 165 schools, and 95,000 students differently than districts less than a tenth of that size.

The first problem is, seven months ago the Court ruled that SB 1 did not violate the Constitution’s prohibition against so-called special or local legislation. However, the Court’s membership changed just a few weeks later with the retirement of the Chief Justice and the arrival of a new justice. The JCPS Board seized this opportunity, hoping that a new justice may swing the vote and transform a defeat into a victory and the Court took the remarkable and extraordinary step to void the previous decision and order a re-hearing.

The JCPS Board should tread carefully with this suit. If the Court rules that the Constitution prohibits legislators from enacting laws that have a single-county impact, many laws that benefit Louisville, Lexington, and other communities would be at risk. For example, Metro Louisville’s consolidated city-county form of government could be vulnerable to a legal challenge because it was made possible by a law that applied to a classification of cities that only includes Louisville. A successful legal challenge to Metro Louisville’s government could undo merger.

Does that sound too far-fetched? With more than 750,000 Jefferson County residents eligible to file suit, it should not. The repercussions go farther than the county line as Fayette County’s merged urban/county government was made possible more than five decades ago by a law applying to a class of counties that only includes Fayette County, which means that it could also be vulnerable to a legal challenge.

Let me give you another example. Jefferson County taxpayers currently pay an occupational tax to support JCPS. This is a common way of funding schools throughout our state, but state law uniquely allows Jefferson and Fayette counties to levy the tax at a rate that is one and a half times the rate collected in the state’s remaining 118 counties. This change alone could cost JCPS millions.

Louisville’s legislative delegation includes seven members of the House Majority. Together with our colleagues in the Senate, we are able to provide this community a powerful, effective voice in the legislature. We have successfully advocated for policies that meet needs and provide opportunities that only apply to communities like ours. Two great examples are the tax increment financing for the Yum Center and the West End Opportunity Partnership – both of which could be in jeopardy.

If the Kentucky Supreme Court rules that the General Assembly cannot enact a law impacting just one or two counties, the ruling’s effect will be far-reaching: not just in terms of what future court decisions might hold, but also in what it requires lawmakers to do and undo.

Will we be able to continue providing financial payments to the City of Frankfort to make up for the inability to collect a property tax on state properties? Can we continue to earmark tobacco settlement and coal severance dollars to specific counties? Will there be any ability to continue classifying cities based on their size?

This case is about more than one piece of legislation. It is about whether the General Assembly can continue tailoring solutions that meet the unique needs of communities or whether we will be forced to risk undoing decades of progress. The Court’s decision will not only determine the future of Jefferson County’s schools but could also unravel critical local policies that benefit urban, suburban, and rural communities. The stakes extend far beyond this lawsuit, touching every Kentuckian.

A lifelong resident of Louisville, Representative Jason Nemes serves as House Majority Whip and represents the state’s 33^rd House District, which includes portions of Jefferson, Oldham, and Shelby counties.