LOUISVILLE, Ky. (WDRB) — A Kentucky bill that allows the state to opt into a federal school choice program is set to become law after the Senate voted to override Gov. Andy Beshear's veto.
The Senate vote comes after the House vote to override Beshear's March 13 veto of 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 to allow 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 attempted for years to gain a foothold in the state. They argued 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.
"Kentuckians have said loud and clear: Public dollars should only be used for public education," Beshear said while vetoing the bill Friday.
Beshear said Kentucky voters have consistently supported keeping public dollars in public schools, pointing to a constitutional requirement that voters must approve using those funds elsewhere.
In a statement following Beshear's veto, the Republican Party of Kentucky promised to override it.
Tuesday, Senate President Pro Tem David Givens said opting into the federal program allows "Kentucky students, including public school students, to benefit from an additional influx of federal dollars to support their educational needs."
"This law is designed with students at the center. No public dollars are directed to any particular school," Givens said. "Instead, contributions go to scholarship granting organizations, which then provide scholarships directly to eligible students and families, including those served by our public schools. The focus is not on institutions, but rather opportunity."
The bill was signed by Givens and Speaker of the House David Osborne. It's now with the secretary of state.
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