LOUISVILLE, Ky. (WDRB) -- A group of students associated with the Kentucky Student Voice Team has filed a lawsuit, claiming the state has failed at providing a quality public education system.

The complaint filed in Franklin County states, "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 lawsuit ties back to Kentucky's Supreme Court Case Council for Better Education v. Rose in 1989. The Court found Kentucky's public school system to be unconstitutional.

The 1989 lawsuit initiated reforms to ensure Kentucky children receive adequate education and schools are funded, known as the Kentucky Education Reform Act (KERA). KERA, states that, "schools shall expect a high level of achievement of all students... increase their students' rate of school attendance... increase their students' graduation rates and reduce their students' dropout and retention rates... reduce physical and mental health barriers to learning... be measured on the proportion of students who make a successful transition to work, post-secondary education, and the military." It also lists seven areas of focus on developing students ability including: 

  1. Use basic communication and mathematics skills for purposes and situations they will encounter throughout their lives;
  2. Apply core concepts and principles from mathematics, the sciences, the arts, the humanities, social studies, and practical living studies to situations they will encounter throughout their lives;
  3. Become self-sufficient individuals of good character exhibiting the qualities of altruism, citizenship, courtesy, hard work, honesty, human worth, justice, knowledge, patriotism, respect, responsibility, and self discipline;
  4. Become responsible members of a family, work group, or community, including demonstrating effectiveness in community service;
  5. Think and solve problems in school situations and in a variety of situations they will encounter in life;
  6. Connect and integrate experiences and new knowledge from all subject matter fields with what they have previously learned and build on past learning experiences to acquire new information through various media sources;
  7. Express their creative talents and interests in visual arts, music, dance, and dramatic arts.

Kentucky Student Voice Team's lawsuit claim Kentucky's current state of education is no longer meeting the standards highlighted in KERA.

It lists Senate President Robert Stivers (R-Manchester), Speaker of the House Rep. David Osborne (R-Prospect), Kentucky Department of Education (KDE) Commissioner Robbie Fletcher, and the Kentucky Board of Education (KBE) as defendants. 

"Those capacities are not being met with this, this lawsuit, it's not about blame. We know that there have not been adequate funding, there has not been adequate attention given to supporting teachers and counselors, but it's really about solutions and restoring the legacy of Rose and reimagining our school system so they can serve all the Kentucky students in the best way possible," said Peter Jefferson, a high school senior at Henry Clay High School in Lexington.

The plaintiffs include students from all over Kentucky, including Jefferson, Oldham and Hardin Counties. 

The complaint cites studies that show in the first decade of KERA, teacher salaries increased, gaps in spending between wealthy and poor school districts decreased, and pre school programs from at-risk low income students and students with disabilities helped close the achievement gap compared to students more economically fortunate.

It also points to the General Assembly's acknowledgement of past failure to teach basic reading skills, but said the General Assembly has failed to provide school districts with sufficient resources to properly implement the Read to Succeed Act. 

Rep. Osborne, KDE, and the KBE all declined to comment on the pending litigation. Sen. Stivers did not respond to our request to comment.

The lawsuit is requesting the following:

  1. An expedited review of this action pursuant to KRS 418.050 and CR 57.
  2. An order declaring that Plaintiffs have been denied an adequate and equitable education as guaranteed by Article 183 of the Kentucky Constitution, and the decision of the Kentucky Supreme Court in Rose v. Council for Better Education and applicable statutes and regulations.
  3. 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.
  4. An order declaring that KRS 158.196 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, that such classroom discussions are necessary to prepare students to function productively as civic participants and that no teacher shall suffer any penalty for promoting such discussions.
  5. That the Plaintiffs be awarded costs and legal fees.
  6. That the Court retain jurisdiction of this cause to review the constitutional appropriateness of the steps Defendants take toward constitutional compliance.
  7.  For such other and further relief as the Court may deem the Plaintiffs to be entitled.

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