Kentucky lawmakers override Beshear veto to join federal school choice program

Republican lawmakers in Kentucky overrode Gov. Andy Beshear’s veto Tuesday, effectively opting the state into the new federal school choice tax credit program. Kansas lawmakers passed a similar bill Monday that could withstand a likely veto. 

The Kentucky House voted 77-14 and the Senate 31-5 in favor of the bill, making it the 28th state to indicate it will join the program. Beshear, a Democrat, had vetoed it Friday.

The federal tax credit passed last July as part of President Donald Trump’s One Big Beautiful Bill Act. It begins in January, but states are deciding now whether to opt in to give schools, parents and scholarship-granting organizations time to prepare.

The program is popular in Republican-controlled, or “red,” states. So far, the only Democratic governor to indicate participation is Colorado’s Jared Polis, although others, including North Carolina’s Josh Stein, say they are considering it.

The Bluegrass State has strong Republican majorities in its Legislature, but Beshear, a possible 2028 presidential candidate, has stood firmly against school choice, vetoing measures to fund charter schools and expand school choice. Kentucky is one of just three states without charter schools and one of 15 without a school choice program.

The federal tax credit of up to $1,700 will be available nationwide, but resulting scholarships can only go to residents of states that opt in. The money can be used for private school tuition, tutoring and other activities. Public school students are also eligible, something that may encourage Democrats to support it.

The program is estimated to generate as much as $6 billion annually for school choice once it is implemented. Program rules are expected to be released this summer, allowing schools and scholarship organizations to prepare for the rollout.

Kansas lawmakers are on the brink of doing something similar.

A bill to opt the state into the program passed the Senate Monday after clearing the House in February. Both chambers achieved veto-proof majorities, meaning they could withstand a veto from Gov. Laura Kelly, a Democrat and school choice opponent.