Babbage Bulletin: Session Ramping Up; Charter Schools Saga Continues

Bulletin

Feb 23

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Midpoint of the 2026 Session: Still No Budget Movement

As the Kentucky General Assembly moves past its midway point, the legislative landscape is defined by an accelerating pace of activity that spans from the ballot box to the classroom. The GOP supermajority's budget, HB500, has notably not seen movement yet.

This week, Governor Andy Beshear signed his first piece of legislation of the session, SB172, providing a swift response to the financial fallout from Winter Storm Fern. The emergency measure grants utility companies express permission to defer and spread out surging fuel costs, giving the Public Service Commission the statutory flexibility to "smooth out" the recovery of expenses that spiked during the January freeze. Sponsored by Sen. Phillip Wheeler (R-Pikeville), the bill aims to cushion the blow for working families—particularly in Eastern Kentucky—where residential surcharges were projected to jump by as much as $100.

Regarding election integrity, a concerted effort is underway to modernize security through HB534, a comprehensive measure requiring the State Board of Elections to cross-reference records with the Administrative Office of the Courts to remove ineligible felons from voter rolls. The debate over the ballot box further intensified with the Senate’s 31-7 passage of SB154, which seeks to tighten voter identification requirements. Sponsored by Sen. Lindsey Tichenor (R-Smithfield), the bill would eliminate non-photo secondary identification options—such as Social Security and food stamp cards—currently used by voters who lack a standard photo ID. Proponents argue the measure provides necessary safeguards against potential fraud, while critics contend the bill addresses a non-existent problem and instead creates significant transportation and accessibility barriers for certain populations.

This push for heightened oversight is being balanced against a bipartisan drive for enfranchisement. In a significant shift, SB80 proposes a constitutional amendment that would automatically restore voting rights to most felons who have completed their sentences, excluding those convicted of violent or sexual crimes. While proponents of security focus on the integrity of the registry, supporters of restoration argue that civic involvement is a foundational pillar of public safety and successful reintegration. The bill passed out of the Senate 35-3.

The theme of individual rights extends further into the clinical environment, where the House Health Services Committee recently approved HB510 to bolster patient protections during the organ donation process. By mandating a "pause in procedure," the bill ensures that medical providers maintain a clear separation between the declaration of death and the procurement of organs, reinforcing family control and transparency during sensitive end-of-life decisions.

Such measures to rebuild public trust in medical institutions are echoed in the criminal justice sphere by HB414, which seeks to modernize forensic investigations. This legislation would require the collection of DNA samples from adults booked on felony charges to aid in solving cold cases and exonerating the wrongfully accused, provided the data is expunged if the charges result in a non-felony outcome.

As lawmakers address these complex legal procedures, they are simultaneously confronting the immediate safety of the Commonwealth’s educators and the digital well-being of its youth. SB101 recently cleared the Senate Education Committee, establishing a mandatory 12-month expulsion for students in grades 6–12 who intentionally physically assault school personnel—a move paired with new requirements for staff to report such incidents to law enforcement. This focus on protecting the environment of the classroom reaches into the digital world via HB227, which aims to curb "addictive" social media features for minors under 15. The bill targets algorithm-driven feeds and auto-scrolling, with sponsors comparing the neurological effects of unchecked social media usage to substance addiction while seeking to give parents more robust control over their children’s digital footprint.

Even as the legislature looks toward future protections, it remains invested in the early development of Kentucky's youngest citizens through innovative fiscal experiments. SB191 establishes a three-year pilot program at the University of Kentucky to test the effectiveness of performance-based incentives for kindergarten readiness. By offering $2,000 awards to child care providers and low-income parents who meet specific educational benchmarks, the state hopes to find a viable mechanism to boost the 50% readiness rate currently seen across the Commonwealth. .

These initiatives join a growing docket of legislation moving as the session enters its final weeks, including:

SB9: establishes a two-part framework to stimulate residential growth by allowing local governments to form infrastructure districts funded through special property assessments and municipal bonds. Additionally, it creates a housing incentive program that offers developers long-term tax-based payments to catalyze new construction and urban revitalization projects across the Commonwealth.
HB10: details rigorous oversight of executive transitions by granting immunity to whistleblowers who expose official misconduct and imposing strict limits on no-bid contracts, million-dollar settlements, and last-minute personnel changes. Additionally, it mandates the immediate preservation and transfer of key administrative records to the Governor-elect, backed by criminal penalties for non-compliance.
SB152: shifts the balance of school-level governance, centralizing primary authority within the office of the principal while transitioning formerly empowered school councils (SBDM Councils) into a strictly "advisory" capacity.
HB490: introduces a new statutory pathway for Kentucky’s public universities and community colleges to terminate faculty, including tenured professors and presidents, for specific financial reasons.

KY Supreme Court Strikes Down Charter Schools Legislation; House Responds

The 2026 session reached a dramatic constitutional crossroads this week as the Kentucky Supreme Court unanimously struck down the state’s 2022 charter school funding law, prompting an immediate and high-stakes legislative countermove by State House Republicans.

In an opinion that Justice Michelle Keller noted was reinforced by the "sweeping state-wide rejection" of a similar school-choice amendment by voters in 2024, the Court ruled that the state constitution strictly reserves public education funds for the "common school" system. Justice Keller’s opinion sharpened the legal boundary, asserting that the legislature could not "sell the people of Kentucky a mule and call it a horse" by labeling independent charter boards as part of the public system.

The ruling was met with sharp rebukes from GOP leadership, including House Speaker David Osborne (R-Prospect) and Attorney General Russell Coleman, who argued that the judiciary had once again prioritized entrenched bureaucracies over the educational needs of low-income families and children in underperforming districts.

In a rapid response to the court’s decision, House leadership introduced HB1, a top-priority measure designed to pivot from state-level funding to a federal "school choice" framework. Sponsored by Rep. Kim Moser (R-Taylor Mill) and Rep. TJ Roberts (R-Burlington), the bill seeks to opt Kentucky into the federal Education Freedom Tax Credit program recently established under President Donald Trump’s administration. The legislation leverages the federal "One Big Beautiful Bill" Act, allowing Kentuckians to claim up to a $1,700 tax deduction for contributions made to Scholarship Granting Organizations (SGOs), which would, in turn, provide scholarships for private school tuition, tutoring, and transportation—an approach proponents argue overcomes state constitutional hurdles by utilizing federal tax incentives rather than direct state appropriations.

While supporters frame the legislation as a landmark civil rights victory that empowers parents with "educational freedom," the proposal has reignited a fierce ideological battle over the future of Kentucky’s public schools. House Democrats and the Kentucky Education Association have denounced the move as a strategic "assault" on public education, contending that it serves only to divert resources to unaccountable private institutions. Critics point to the recent Supreme Court ruling and the 2024 ballot results as proof that Kentuckians have already "put the issue to bed."

Nevertheless, with the bill now moving to the House Appropriations and Revenue Committee, GOP lawmakers remain resolute, arguing that the federal partnership offers a necessary pathway to bypass a "failing status quo" that they believe the state courts are intent on defending.