Kentucky School Choice Bill: Beshear Veto Override & Potential Legal Challenge
FRANKFORT, Ky. – The Kentucky General Assembly on Tuesday overrode Governor Andy Beshear’s veto of House Bill 1, a move that authorizes participation in a federal tax credit scholarship program. The law, sponsored by Representatives Kim Moser and TJ Roberts, allows individuals to receive federal income tax credits for donations to scholarship-granting organizations, potentially directing funds to both private and public schools.
Beshear vetoed the bill on March 13, arguing it violates the Kentucky Constitution, which he contends restricts the use of public funds to public education. In a statement released after the override, Beshear indicated a potential legal challenge, focusing on the constitutional definition of “public funds.” He argued the constitution prohibits *any* public funds – state or federal – from being allocated to non-public schools.
“The Constitution doesn’t say no state funds for non-public schools. It says no public funds,” Beshear said, referencing a recent Kentucky Supreme Court decision from February that employed similar language. The governor believes this distinction could limit the program’s benefits to public school students only if a court agrees with his interpretation.
The override vote in the House was 77-14, with one abstention and the Senate followed with a 31-5 vote, effectively enacting the legislation. The bill now goes to Secretary of State Michael Adams, who is responsible for implementing the program. Adams, in a social media post, criticized Beshear’s veto and expressed his support for providing Kentucky students with additional educational opportunities through the federal American Opportunity Tax Credit program.
Under the federal program, individuals can claim a tax credit of up to $1,700 for contributions to Scholarship Granting Organizations (SGOs). These organizations then provide scholarships or cover educational expenses for students. The program was established last year under the federal One Big Elegant Bill Act, signed into law by former President Donald Trump.
The passage of House Bill 1 marks a significant shift in Kentucky, bringing the state into a program that has faced scrutiny from those concerned about diverting funds from public schools. Beshear, in his veto message, pointed to a 2024 vote where Kentucky residents rejected a proposal to divert public funds to private or charter schools by a 30-point margin, a margin he noted was comparable to Trump’s victory in the state.
The Kentucky General Assembly is currently adjourned, with no immediate legislative action scheduled regarding the funding or implementation of House Bill 1. The focus now shifts to potential legal challenges and the actions of Secretary of State Michael Adams as he begins to implement the program.