May 13, 2026

Keeping Media and Government Accountable.

Legislature overrides veto of federal tax credit scholarship program

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Kansas is joining 28 other states in the Federal Scholarship Tax Credit program after the Kansas Legislature overrode Governor Laura Kelly’s veto of a bill directing Kansas to take part in the program.

Similar to the Kansas Low Income Students Tax Credit Scholarship program, the federal program, which begins in 2027, allows individuals to donate to scholarship-granting organizations (SGOs) and receive a dollar-for-dollar tax credit (up to $1,700 for individuals and $3,400 for married couples) for the donation. Those SGOs provide scholarships to students who meet income-qualification criteria at accredited public or private schools.

On April 8, 2026, Kelly vetoed the bill, claiming it would affect public school funding, even though the federal scholarships can be used in public schools. 

“This new federal program needs to be thoroughly vetted to understand the potential impact on funding for our public schools,” Kelly said. “If it is, in essence, just another voucher program designed to re-direct taxpayer dollars to private schools to the detriment of our public schools, Kansans have made clear they don’t want it. My veto allows time for proper vetting and educated decision-making.”

Brittany Jones, president of Kansas Family Voice, said those concerns were unfounded.

“Kansas families are demanding more educational options for their children. This program does not impact the state budget and ensures Kansas dollars stay in Kansas and support Kansas students,” Jones said. “Every state touching Kansas has already opted in, yet the Governor refused. We are grateful that the Legislature did the right thing and ensured that Kansas families will receive the benefits of this opportunity!”

Executive Director of the Kansas Catholic Conference Chuck Weber said both public and private schools will benefit.

“One beautiful aspect of this legislation is that both public school and Catholic school families and students will benefit,” Weber said. “Catholic school educators across Kansas are thrilled to provide additional tools for students, most particularly those who have been left behind and seek a better chance at a great education and ultimately success in life.”

The Kansas House of Representatives voted 85-38 to override the veto of SB 361 and the Kansas Senate voted for the override 29-10.

Kansas tax credit program maxed out in 2025

The federal funding could be particularly welcome as the Kansas program maxed out last year and had to turn away applicants.

“Multiple SGOs in Kansas had to tell donors they couldn’t take their donation last year and its Kansas kids who will suffer,” said James Franko, President of the Kansas Policy Institute, which owns The Sentinel. “Kansas kids trying to find the right educational fit are going to be turned away because donors had to be turned away from the program.” 

Pastor Wade Moore, of Urban Preparatory Academy in Wichita — which has been a destination for students with tax credit scholarships — agreed that hitting the cap was a good thing, but noted that not only were increases needed, but shows that the program is working.

“That has been the argument in the past, is that ‘this program doesn’t work because we can never hit the cap,’” Moore said. “I think $10 million is a small cap compared to other states that have tax credit scholarship programs. I think that cap should be raised. We should have some type of scale that if we hit 80% of it. Then we scale up another $2, 3, 4, 5 million dollars.”

Weber agreed that the cap of $10 million is restricting student achievement and also took issue with the suggestion that the tax credit scholarship program is affecting public school funding.

“One of the big lies from opponents to parental education choice is that it somehow hurts public schools and public school funding,” Weber said. “It does not. 

“Let me state unequivocally that the Catholic Bishops of Kansas and the Kansas Catholic Conference representing them support strong public schools and fully funded public schools. The low-income tax credit scholarship program does not, in any way, shape, or form, impact funding for public schools.”

 

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