Kentucky Supreme Court strikes down school choice law

Legal Compliance

School choice advocates suffered a bitter defeat Thursday, when Kentucky’s Supreme Court struck down a state law that allowed donors to receive tax credits for supporting private school tuition.

In its unanimous decision, the high court said the 2021 measure violated the state’s constitution as the justices upheld a lower court ruling issued more than a year ago.

The law’s opponents objected to using the state tax code to aid private education. The measure’s supporters said tax credits didn’t amount to government spending, even if they decrease revenues.

The measure was narrowly passed by the Republican-dominated legislature over Democratic Gov. Andy Beshear’s veto. It created a form of scholarship tax credits — referred to by supporters as “education opportunity accounts.” Under the measure, private donors backing the accounts would be eligible for tax credits.

The Supreme Court ultimately found that the formula violated the constitution.

“We are compelled to agree that the EOA Act violates the plain language of Section 184” of the state constitution, Deputy Chief Justice Lisabeth T. Hughes said in writing for the court. “Simply stated, it puts the Commonwealth in the business of raising “sum(s) . . . for education other than in common schools.”

Related listings

  • Lawsuit against doctor who defied Texas abortion law tossed

    Lawsuit against doctor who defied Texas abortion law tossed

    Legal Compliance 12/10/2022

    Lawyers for a doctor who intentionally defied a Texas abortion law that the lawyers called a “bounty-hunting scheme” say a court has dismissed a test of whether members of the public can sue providers who violate the restrictions for at l...

  • Supreme Court weighs ‘most important case’ on democracy

    Supreme Court weighs ‘most important case’ on democracy

    Legal Compliance 12/04/2022

    The Supreme Court is about to confront a new elections case, a Republican-led challenge asking the justices for a novel ruling that could significantly increase the power of state lawmakers over elections for Congress and the presidency.The court is ...

  • Suit seeks to have mail-in votes lacking dates counted

    Suit seeks to have mail-in votes lacking dates counted

    Legal Compliance 11/05/2022

    Several Pennsylvania groups represented by the American Civil Liberties Union have filed suit in federal court seeking to have votes from mail-in or absentee ballots counted even if they lack proper dates on their return envelopes.The suit filed Frid...

What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?

If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?

Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.

A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.

In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.