Kentucky’s school choice push could trigger a domino effect

Kentucky is on track to become the first state where the legislature overrides a governor’s opposition and opts into President Trump’s new school-choice program, part of the One Big Beautiful Bill Act. The federal initiative lets states opt in to tax-credit scholarships that expand options for families without tapping public school budgets.

The Kentucky Senate just passed House Bill 1 by a 33-5 vote. All Republicans backed it, joined by one Democrat. The House had already approved the bill 79-17, with two Democrats voting yes. Now it heads to Democratic Gov. Andy Beshear, a reliable opponent of school choice.

Governors don’t get a permanent veto over school choice when legislatures have the votes — and families are demanding options.

Kentucky’s override rules make this fight different. Lawmakers need only a simple majority in each chamber to overturn a veto — and the vote totals suggest they have it.

Beshear’s own education choices underscore the disconnect. He attended Capital Day School, a private school, for part of his education. He also enrolled his children in private schools for portions of their schooling. He wants those options for his family, but he resists expanding similar opportunities statewide.

North Carolina provides the contrast. Republicans there advanced an opt-in bill to Democratic Gov. Josh Stein, but the state requires a 60% vote in each chamber to override a veto. The GOP lacks that margin, making success unlikely.

In Kentucky’s Senate debate, Majority Floor Leader Max Wise (R) singled out Democratic Rep. Tina Bojanowski for her yes vote. Another senator pointed to Colorado Gov. Jared Polis — the first Democratic governor to opt his state into Trump’s program. Polis called participation a “no-brainer” and said he “would be crazy not to” do it.

Here’s the key design feature: Any U.S. taxpayer can contribute to these scholarships and claim a dollar-for-dollar federal tax credit. Families can access scholarships only if their state opts in. That means residents of opt-out states can fund scholarships in opt-in states — a built-in incentive for governors and lawmakers to join rather than watch their taxpayers’ dollars flow elsewhere.

The program relies on private contributions. It does not divert funds from public schools. That approach likely explains the bill’s wide support — more than 80% of members present and voting in each chamber backed it. Kentucky’s 2024 school choice constitutional amendment never came close to that kind of consensus.

For Kentucky families, the opt-in may be the only viable path right now. The Kentucky Supreme Court unanimously struck down the state’s tax-credit scholarship program in 2022. It also blocked charter schools last month. Unless and until the court’s composition changes, the Trump program offers a practical workaround.

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That matters because the 2024 ballot measure tried to amend the state constitution to sidestep the court. Teachers’ unions spent millions opposing it. The language confused voters, and constitutional amendments don’t deliver immediate, tangible benefits like scholarships. When ballot measures confuse people, they default to the status quo.

So far, 27 governors have opted their states into Trump’s school-choice program. That group includes 26 Republicans — all except Vermont Gov. Phil Scott — and one Democrat, Polis. Republican-led legislatures in other states are exploring opt-ins and, in some cases, overrides against Democratic governors.

In Arizona, the state senate passed an opt-in bill, but Republicans likely lack the votes to override a veto from Gov. Katie Hobbs. Kansas and Wisconsin are also in play. Wisconsin Republicans don’t have the votes for an override. In Kansas, it remains unclear whether Republicans will unify the way Kentucky’s did.

Kentucky’s move shows why this program has momentum. It expands options without reopening state-funding fights or running into the same court barriers. The tax-credit mechanism encourages private giving while keeping scholarship access tied to states that opt in.

If Kentucky lawmakers follow through, they won’t just deliver scholarships. They’ll set a precedent: Governors don’t get a permanent veto over school choice when legislatures have the votes — and families are demanding options.