Kentucky GOP Lawmakers Push to Join Federal School Choice Program Without Governor

Bill would let state secretary of state opt Kentucky into new federal tax credit scholarship program

Published on Feb. 26, 2026

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Hours after the Kentucky Supreme Court struck down a 2022 law allowing charter school funding, Republican state lawmakers filed a bill that would let the secretary of state opt Kentucky into a new federal tax credit scholarship program, bypassing Democratic Governor Andy Beshear who has been a critic of charter schools.

Why it matters

This legislation is the latest move in an ongoing battle over school choice and charter schools in Kentucky, where the Republican-controlled legislature has pushed for more school choice options while the Democratic governor has opposed them. The new federal program would provide tax credits for donations to scholarship organizations, allowing families to use the funds for private school tuition, tutoring, and other educational services.

The details

House Bill 1, filed by Republican state Rep. Kim Moser with support from the House Speaker, would put Kentucky's Republican Secretary of State Michael Adams in charge of opting the state into the new federal "school choice" program. This would allow donors to receive a dollar-for-dollar federal tax credit of up to $1,700 for contributions to nonprofit scholarship organizations. Those organizations could then distribute the funds to families for private school tuition, tutoring, transportation, and other educational services.

  • On February 19, 2026, hours after the state Supreme Court struck down a 2022 charter school funding law, the new bill was filed in the Kentucky legislature.
  • The 2026 Kentucky General Assembly legislative session began in January and is scheduled to last until mid-April.

The players

Andy Beshear

The Democratic governor of Kentucky, who has been an outspoken critic of charter schools.

Michael Adams

The Republican Secretary of State of Kentucky, who would be given the power to opt the state into the new federal school choice program under the proposed legislation.

Kim Moser

The Republican state Representative who filed House Bill 1.

TJ Roberts

The Republican state Representative who is a co-sponsor of House Bill 1.

David Osborne

The Republican Speaker of the Kentucky House of Representatives and a co-sponsor of House Bill 1.

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What they’re saying

“This legislation is not only an insult to Kentucky families getting priced out of health care and basic necessities — it's further proof that the Republican Party would rather build exclusive private schools for the wealthiest families than work with Democrats to improve schools serving nearly all Kentucky children.”

— Colmon Elridge, Kentucky Democratic Party Chair (courier-journal.com)

What’s next

The bill has been assigned to the House Education Committee and will need to pass through the Republican-controlled legislature before potentially being signed into law by Governor Beshear, who has criticized similar proposals in the past.

The takeaway

This legislation represents the latest battle in the ongoing fight over school choice and charter schools in Kentucky, where Republican lawmakers have pushed for more options while the Democratic governor has opposed them. The new federal tax credit program would provide funding for private school tuition and other educational services, bypassing the governor's office.