On Monday, February 9th, members of the Kentucky Student Voice Team gathered on the steps of the Franklin County Courthouse, the exact place the team gathered a year prior to file a landmark lawsuit against Kentucky, KSVT v. the Commonwealth of Kentucky. This time, students responded to an early February decision that Franklin Circuit Court Judge Phillip Shepherd denied a request from the Kentucky Attorney General’s office that sought to dismiss the lawsuit, ruling that students have the right to sue the state, and that the lawsuit will move forward.
The lawsuit alleges that the state has failed to uphold students’ rights to a fair and equitable education, pointing to systemic issues including lack of mental health support, lack of access to arts, civics, and career pathways, and deep disparities among different regions.
“We students have the right to have our voices heard in our courts,” Luisa Sanchez, a KSVT member and plaintiff in the lawsuit, said. (Not all members of KSVT are individual plaintiffs. KSVT, which publishes The New Edu, is an organizational plaintiff.)
About 14 students gathered for the press conference, where members of the Kentucky Student Voice Team also shared copies of their book, Why Kentucky Students are Suing the State, published in January 2026.
The decision allows the lawsuit to move into the discovery phase, in which the Commonwealth will be required to hand over documents, data, and records asked, specifically related to details on how schools in Kentucky are funded, governed, and administered, students said at the press conference.
In the meantime, students will continue their work of listening to and engaging community stakeholders on issues facing Kentucky schools.
“Our work outside the courtroom continues,” said Maggie Donworth, another KSVT member.
The Kentucky Student Voice Team will continue hosting hearings around the state focused on issues impacting schools. In late February, KSVT is hosting a public hearing in Danville, KY focused on the need to strengthen arts and cultural education. Student examiners will ask questions about challenges and solutions to expert witnesses. In addition, there will be an audience Q&A. The hearing is part of the Rose Revival Campaign, an effort to highlight policy solutions to the issues alleged in the litigation.
“Through sustained community engagement and ongoing research, we are continuing to document what students are experiencing and what it will take to meet the standards set by the Rose decision,” said Donworth at the press conference.
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