Legislator’s dire warning about JCPS court case lack some salient facts | Opinion

On Aug. 3, the Herald-Leader carried a commentary from a Jefferson County legislator, warning that many bad things would happen if the Kentucky Supreme Court affirms lower court rulings and declares unconstitutional a 2022 statute severely restricting the powers and duties of the Jefferson County Board of Education.

The legislator never explained why the Board of Education was challenging the 2022 statute, and the commentary misstated the possible effects of an adverse Court decision.

The Board of Education filed the lawsuit because a section of the Kentucky Constitution explicitly states: “The General Assembly shall not pass local or special acts concerning any of the following subjects, or for any of the following purposes, namely: … Twenty-fifth: To provide for the management of common schools.” This is exactly what the 2022 statute does – it is special legislation targeting “the management of common schools,” in this case Jefferson County Public Schools. No one really disputes that.

And when the legislature enacted the 2022 statute, no one tried to explain why only the Jefferson County Board of Education would have its powers and duties restricted, only be allowed to meet once every four weeks, and lose authority to approve contracts under $250,000.

But the legislator warns in his commentary that somehow declaring this statute unconstitutional will threaten the entire structure of government in Jefferson and Fayette Counties. That’s just not true.

The outcome of the Board of Education’s lawsuit will have zero effect on the General Assembly’s ability to legislate regarding forms of local government, whether in Jefferson County, Fayette County, or elsewhere. Section 156A of the Kentucky Constitution, which was adopted more than 30 years ago, was adopted specifically to exempt local government classifications from special legislation restrictions. That Section authorizes the General Assembly to provide for the structure of local government by statute, based on “population, . . . geography, or any other reasonable basis.”

Also, the Jefferson County legislator tries to warn that the legislature won’t be able to do things like arrange the tax-increment financing of the KFC Yum! Center or West End Opportunity Partnership in Louisville or have different occupational tax arrangements for Jefferson and Fayette Counties. None of that is true either. A ruling that the 2022 statute was unconstitutional should have no impact on any of the situations raised in his opinion piece.

Finally, the real irony of this legislator’s commentary is that he wants the legislature to have the flexibility to enact legislation when particular local circumstances justify it. And that’s exactly what three of the Supreme Court justices supported when they disagreed with the majority decision last December. The simple fact is there is no reasonable justification supporting the 2022 statute, unlike the laws allowing the citizens of both Jefferson and Fayette Counties to choose merged government.

So, if the Court decides to use this case to restore the test for special legislation that existed for many decades, the Kentucky legislature will have the greater flexibility that the Jefferson County legislator says he wants. And, on that we agree with him.

Dr. Corrie Shull is Chair of the Jefferson County Board of Education, and James Craig is vice-chairman.

This story was originally published August 6, 2025 at 9:06 AM.