Litigation Update

July 14, 2021

Louisville, KY - EdChoice KY President Andrew Vandiver released the following statement regarding litigation challenging the constitutionality of the Education Opportunity Act.

“On June 29, 2021, Kentucky’s school choice program, Education Opportunity Accounts, officially became law! Kentucky families are now one step closer to accessing education freedom!

While there is a lot of work being done behind the scenes to make the program a success, you may have seen some opponents filed a last ditch effort lawsuit to try and stop families from accessing the recently passed Education Opportunity Account program.

For those who aren’t legal experts, you may be asking - what is happening and what does this
mean for families who need assistance?

What does this mean for Kentucky students? As of now, thousands of Kentucky students are eligible to receive assistance via an Education Opportunity Account. But some folks trying to protect the status quo don’t like that and are working to deny families a choice in education. An opportunity to apply for assistance that would enable them to access the type of education best suited for their children. Thankfully, there is good reason to believe that Kentucky’s program will be okay; dozens of similar programs exist in other states and legal challenges against those programs have failed.

There is also a solid legal team defending the program, which includes the office of Kentucky Attorney General Daniel Cameron and the Institute for Justice (‘IJ”). IJ has won numerous lawsuits challenging educational choice programs, including three at the U.S. Supreme Court.

While there are no guarantees, it is expected that the trial court will reach a decision by the fall. Depending on the outcome, this decision could be appealed by either side. We are hopeful that this lawsuit will be resolved in a timely manner so that families can apply without any delays. The program is currently on track to be available for families to apply within the next six months, possibly earlier, and the aid could be used for the 2022-2023 academic year.”

For parents interested in the latest news, including when to apply, please visit and sign-up for our parent-focused email list.