LOUISVILLE, Ky. (WDRB) — The Jefferson County Board of Education filed a lawsuit Wednesday over a new state law that shifts more of its power to the superintendent, asking for a restraining order to prevent Kentucky's education commissioner from enforcing it. A judge granted the board's request for a temporary injunction Thursday, blocking enforcement of several sections of the law.
Part of Senate Bill 1 will give more authority to Jefferson County Public Schools Superintendent Brian Yearwood by requiring a two-thirds vote of the JCBE to override decisions instead of a simple majority.
Yearwood will get more authority on daily operations such as contracts, transportation, personnel matters and organizational structures. The board will still approve the overall budget and set the tax rate, but anything SB1 doesn't specifically spell out will default to the superintendent.
What the law changes
The new law also changes how the school board can intervene in superintendent decisions. Under SB1, many board actions will still require only a simple majority vote like normal. But when it comes to overriding the superintendent on rules, regulations or policies, the law raises the threshold to a two-thirds vote. With the board shrinking from seven members to five under Senate Bill 4, this means four out of five members would need to agree.
The law also allows the superintendent to approve purchases of $250,000 or less without board approval. That provision comes after an audit found spending decisions made during former superintendent Marty Pollio's administration were among the factors that contributed to JCPS' budget crisis.
Gov. Andy Beshear opposed the bill and vetoed it, though lawmakers ultimately overrode it. In his veto message, Beshear said the bill violates a 2022 ruling that stated JCPS could not be treated differently than other districts in the state.
The lawsuit
In the lawsuit filed in Jefferson Circuit Court against Robbie Fletcher, Kentucky's commissioner or education, and state Attorney General Russell Coleman, the board called the "potential scope of Senate Bill 1 could be immense," citing "vague and sweeping language" in the section that reduces the board's power.
"Nearly every significant school district decision has both policy and administrative dimensions," the lawsuit states. "Consequently, Senate Bill 1 could give the Jefferson County superintendent authority to control innumerable 'administrative dut(ies)' otherwise reviewable by elected representatives in every other Kentucky school district — including virtually unchecked authority to set district property tax rates, determine all school curricula and classroom materials, make critical decisions concerning the hiring and compensation and duties of almost 18,000 district employees, dictate student suspension and expulsion policies, close existing schools, and establish school security and weapons policies — all without any required community involvement or accountability."
The board said the provisions of SB 1 it is challenging are "virtually identical" to provisions enacted in 2022 that were declared unconstitutional by the Jefferson Circuit Court, the Court of Appeals and the Kentucky Supreme Court.
The lawsuit accuses the General Assembly of reenacting those provisions in SB 1, adding a "45-paragraph preamble which purported to justify the reenacted provisions by describing alleged distressing conditions in Jefferson County schools and by asserting alleged benefits of a different governance model for large school districts.
"Yet the alleged conditions and benefits asserted in the preamble in Senate Bill 1 are outdated, inaccurate, misleading, unsupported by facts or recognized authorities, or irrelevant to any 'natural, distinctive, and reasonable relationship between (the) statutorily drawn class and the problem the legislation seeks to address or the benefit it seeks to promote."
History of the legislation
A similar bill passed in April 2022. It stripped power from the board of education and gave it to the district superintendent. It also required a two-thirds vote to overrule any action of the superintendent.
The Kentucky Supreme Court ruled that version of SB 1 was unconstitutional.
Supporters argue the current SB 1 prioritizes long-term planning, watches the district's finances closely, tracks academic and operational progress, and evaluates top administrators.
When passing the legislation, lawmakers said the law would hold the district accountable, despite firm rejection from JCPS teachers and leaders.
Back in January, before the bill passed, Yearwood testified against the legislation alongside the teacher's union president and board member James Craig.
"My board members know Louisville better than I do because they were elected by the people of Jefferson County," Yearwood told lawmakers at the time. "They give me guidance every day about how to navigate the complexities of our community, and I need that."
The board's vote to sue — and dissent
The board voted in closed session to file the lawsuit. Board member Taylor Everett was the only no vote.
"I think there's merit to the things that we're concerned about. It's a lot of power going to one individual," Everett said. "But I think there are better ways that we could have resolved this with the state than what we're doing, especially since we were just in a legal battle for three years. Also, it's going to cost us, you know, a decent amount of money to do the legal battle."
Reactions from board members and lawmakers
Board Chair Corrie Shull issued a statement on the lawsuit:
"Jefferson County voters deserve the power to elect school board members who actually have the authority to oversee their schools, just like voters in every other school district across Kentucky. We shouldn't have to keep going back to court to protect the basic constitutional rights of our community. We've already litigated this exact issue, and the courts rightfully sided with the board. We trust the legal system will once again protect the voice of our community. Lawmakers claim they want transparency, but this law does the exact opposite by stripping away local public oversight. These constant power grabs by the state legislature don't help our classrooms. They are just a distraction from our real work of supporting students and closing the achievement gap."
Board member Linda Duncan also issued a statement:
"I am very excited to challenge the constitutionality of this year's SB 1, which strips authority away from the elected school board, treating our school board and superintendent differently than school boards across this state. If voters are unhappy with how board members have served, they can choose new board members in the upcoming election. It should be up to voters to make changes, not legislators who are not accurately informed about our schools. There is no evidence that stripping away authority from the board and concentrating it into the hands of an appointed superintendent improves the academic achievement of students."
State Rep. Ken Fleming, who voted for the bill, criticized the lawsuit, saying he was "disappointed that the board continues to refuse and take acceptance of their actions."
When asked whether the suit would succeed given that nearly identical legislation was struck down in 2022, Fleming said she remains "hopeful in terms of this bill, in terms of the significance that we're trying to put on changing the dynamics of Jefferson County public schools."
Attorney General Russell Coleman, listed as a defendant, issued a statement:
"The Attorney General will vigorously defend the General Assembly's leadership structure for Jefferson County Public Schools to promote quality education for all Kentucky students."
A Senate Majority Caucus spokesperson issued the following statement:
"Because this matter is now pending before the courts, the Senate will not comment on the legal claims being litigated. Senate Bill 1 was enacted to establish clear lines of responsibility in Kentucky's largest and most complex school district.
"It focuses the elected board on policy, long-term planning, financial oversight and executive accountability, while recognizing the superintendent as the district's chief executive responsible for daily operations and implementation of the board-approved strategic plan and budget.
"The law also adds long-term planning, financial forecasting and reporting requirements. These reforms reflect the General Assembly's constitutional responsibility to promote effective governance, responsible stewardship and better outcomes for students, families and taxpayers. In drafting SB 1, the sponsor specifically considered comments in the Supreme Court's opinion on a previous version of this bill."
Superintendent Yearwood did not respond to request for comment.
Judge Grants Temporary Injunction
On Thursday, a judge granted the board's motion for a temporary injunction. The court ordered that enforcement is enjoined of Sections 1(2)(a)(1), 1(2)(b)(2), 1(2)(b)(5), and 1(2)(c) and (d) of Senate Bill 1 (2026) by the defendant Commissioner of Education, and the officers, agents, and attorneys of the parties to this action, and other persons in active concert or participation with the parties to this action who receive actual notice of the injunction.
The lawsuit seeks a declaration that the changes "constitute special legislation" in violation of sections of the state constitution. It also asks for a declaration that the changes "constitute an arbitrary exercise of power by the General Assembly and a denial of equal protection of the laws to the Board," in violation of sections of the state constitution.
The board is requesting a restraining order, as well as temporary and permanent injunctive relief, preventing Fletcher from enforcing the changes, citing "the likelihood of irreparable injury to those interests which the Board is charged by law to promote and protect, and because the public interest will be damaged by the implementation of this legislation prohibited under the Kentucky Constitution."
In June, the JCBE met to discuss rewriting nearly 100 policies to comply with SB 1.
SB 1 is separate from Senate Bill 4, which makes changes to JCPS's school board. Under SB 4, all JCPS board seats will be up for election this November, regardless of when members were last elected.
The bill also reduces the board from seven members to five, which Beshear said would "diminish representation of voters," when he vetoed the bill.
The board already made temporary district assignments back in May so it could comply with the new law before the election.
Only three of the seven current members filed to run again. James Craig resigned from his board seat last month.
Several other new laws impacting education in Kentucky are also in effect. For a full rundown of what you need to know before the new school year, click here.
This story may be updated.
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