FRANKFORT, Ky. (LEX 18) — Kentucky's General Assembly passed House Bill 1 this session, but the fight over the law may be just getting started.
The law opts Kentucky into the federal tax credit scholarship program, allowing federal tax dollars to flow to scholarship-granting organizations that can benefit both public and private school students.
Governor Andy Beshear used his veto power to try to block the bill, but the General Assembly quickly voted to override that veto, making it law.
Despite the override, Beshear suggested a legal battle may be possible. When asked about the program, he raised questions about whether it's even allowed under Kentucky's Constitution.
Beshear pointed to a key constitutional distinction, saying that "the Constitution doesn't say no state funds for non-public schools. It says no public funds."
He also referenced a Kentucky Supreme Court decision from February, noting it uses the same "public funds" language, not just "state funds."
Under Beshear's reading of the state constitution, any public funds,whether state or federal, may be prohibited from going to private schools. If a court agrees, the federal tax credit scholarship program could be limited to benefiting Kentucky's public schools only.
