LOUISVILLE, Ky. (WDRB) — Kentucky Gov. Andy Beshear vetoed a bill Friday that would have allowed the state to opt into a federal school choice program.
House Bill 1, which would give Kentucky families access to the Education Freedom Tax Credit program, passed the state House and Senate this legislative session.
The bill came after the state's Supreme Court ruled in February that a bill establishing public funding for charter schools was unconstitutional, affirming that state funds “are for common schools and for nothing else.” The 2022 measure was enacted by the state’s Republican-dominated legislature over Democrat Gov. Andy Beshear’s veto. It was struck down the next year by a lower court.
In 2024, Kentucky voters rejected a ballot measure that would have allowed state lawmakers to allocate public tax dollars to support students attending private or charter schools.
It was another setback for supporters of charter schools, who have attempted for years to gain a foothold in the state. They argue the schools offer another choice for parents looking for the best educational fit for their children. But opponents say such schools would divert needed funds from existing public schools and could pick and choose which students to accept.
This legislative session, Republican Rep. Kimberly Mosher filed House Bill 1, co-sponsored by Rep. T.J. Roberts and Republican House Speaker David Osborne.
Language for the program was embedded into Congressional House Resolution One, commonly known as President Donald's Trump's "Big Beautiful Bill." The bill gives a dollar-for-dollar tax credit, allowing individuals to donate up to $1,700 to scholarship granting organizations (SGOs). SGOs are nonprofit organizations that traditionally help families pay for K-12 private school education tuition, but the federally-funded scholarships can be used to fund expenses for private or home-schooled K-12 students.
Under the program, the scholarships can also go towards educational expenses such as fees, special needs services, and other authorized academic expenses. States have to opt in to the program first. Indiana is one state that has already opted in.
At the time of the bill's filing, the Republican House Speaker Office's Communication Specialist Jeffrey Bates wrote, "According to Moser and Roberts, House Bill 1 reflects a clear commitment to pursuing every available avenue to expand opportunity for Kentucky students and to restore to parents the ability to direct their children’s education in a way that best meets their needs."
Lindsey Burke, Kentucky House Democratic Caucus Chair, previously called the bill "a real problem."
"My concern about House Bill 1 is that it seems to really not reflect what Kentuckians keep saying," Burke said. "They want strong public schools and when we try to do anything other than support our public schools, we’re not reflecting their values."
When vetoing the bill Friday, Beshear said said "Kentuckians have said loud and clear: Public dollars should only be used for public education."
"Throughout our history, Kentuckians have been firm that public dollars should only be used for public education. In fact, our Kentucky Constitution has a specific provision that requires 'voter approval' for such dollars to be used elsewhere. In 2024, our General Assembly followed that required process, asking the people of Kentucky if they wanted to spend public dollars on private or charger schools. The answer was a resounding no. The effort was defeated by 30 points," Beshear wrote in his veto message. "That was the same margin of victory as Donald Trump in Kentucky. It was rejected in all 120 counties, both rural and urban, by significant margins. The message was clear. Don't divert public dollars. Fund our public schools.
"It is time to listen to the voters. It is time to serve our children and not private and corporate interests. To recognize we serve the people of Kentucky, and they overwhelmingly oppose these efforts."
In a statement following the governor's veto, the Republican Party of Kentucky issued a statement condemning the decision.
"Andy Beshear vetoed HB1 to appease the radical left that opposes empowering parents and students," the statement read. "HB 1 doesn't take a single dollar from state funding. It's a federal tax credit that will help get more resources to the people who need them most. This veto is pure politics and shows how little this Governor cares about Kentucky families. Republicans will override it. And when HB1 works exactly as promised, the lame duck governor with presidential ambitions will be first in line trying to take credit. Because Andy Beshear only cares about himself."
To read the governor's full veto message, click here or on the Facebook post embedded below.
Copyright 2026 WDRB Media. All Rights Reserved. The Associated Press also contributed to this report.
