This comparative study on the educational governance systems of South Africa and the Commonwealth of Kentucky examines legal evidence from judicial decisions and administrative law to understand similarities in how school-based governance structures have been developed. We found that although school-level governance structures may provide greater opportunities for community and parental participation, each engenders a number of legal problems that compromise the decentralization of democracy to the school level. Recommendations for policymakers and practitioners are offered that may achieve this goal. (Contains 1 figure and 1 note.)