Does state law require public schools to be "open to all"?
No
Does state law mandate "equality of educational opportunity"?
No
Do the courts recognize education as a fundamental right?
Yes—Rose v. Council for Better Education (1989)
State Constitution
In Kentucky, attendance zones could be vulnerable to an equal protection challenge and strict scrutiny review, because the KY Supreme Court has ruled education to be a fundamental right.
Notes
In Kentucky, attendance zones could be vulnerable to an equal protection challenge and strict scrutiny review, because the KY Supreme Court has ruled education to be a fundamental right. Kentucky’s constitution still specifies separate schools for black and white students, though this provision cannot be legally enforced since it violates the ruling in Brown v. Board of Education.
Open Enrollment
WITHIN-DISTRICT
None found.
CROSS-DISTRICT
Voluntary for districts. Requires agreement between sending and receiving district. Ky. Rev. Stat. § 158.120
State Law Establishing Attendance Zones
None found.
State Law Criminalizing Use Of Incorrect Address
None found.
Charter School Admissions
Charter schools are forbidden from discriminating against students based on their residential address within the school district. Conversion charter schools must give enrollment priority to students who reside within the school district’s jurisdictional boundaries.Ky.Rev.Stat.§ 160.1592
