If any part of KRS § 141.500 to KRS § 141.528 is challenged in state court as violating either the state or federal constitutions, parents of students who would meet the criteria for being eligible students as defined by KRS § 141.502 shall be permitted to intervene as of right in such lawsuit for the purposes of defending the EOA program’s constitutionality.
Effective: June 29, 2021

Terms Used In Kentucky Statutes 141.526

  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

History: Created 2021 Ky. Acts ch. 167, sec. 18, effective June 29, 2021.
Legislative Research Commission Note (12/15/2022). On December 15, 2022, the
Kentucky Supreme Court ruled that the Education Opportunity Account Act, KRS
141.500 to 141.528, as enacted in 2021 HB 563 (2021 Ky. Acts ch. 167), “violates the proscription in Section 184 of the Kentucky Constitution on the raising or collecting of ‘sum[s]’ for ‘education other than in common schools’.” Commonwealth ex rel. Cameron v. Johnson, et al., 2021-SC-0518-TG.

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