There’s a tantalizing doughnut of school choice forming for parents and families in the Midwest – but Kansas is the doughnut hole.

“26 states have already opted into President Trump’s new nationwide school choice program,” notes an X post by national self-described “school choice evangelist” Corey DeAngelis.

“Kansas is sticking out like a sore thumb because they have a Democrat Governor (@GovLauraKelly).”

Kansas Senate President Ty Masterson, R-Andover, tells The Heartlander the Legislature will try to go around Kelly’s intransigence and opt the state into the new federal school choice program.

“EVERY SINGLE ONE of our neighboring states have opted in to President Trump’s school choice program,” Masterson posted on X Thursday.

EVERY SINGLE ONE of our neighboring states have opted in to President Trump’s school choice program.

Yet Laura Kelly has stood in the way, leaving money on the table that can change the lives of students in Kansas.

Your legislature is currently working on a fix to get these… pic.twitter.com/jBier468Bt

— Ty Masterson (@TyMastersonKS) January 29, 2026

“Yet Laura Kelly has stood in the way, leaving money on the table that can change the lives of students in Kansas.

“Your legislature is currently working on a fix to get these funds to our students, and stop Democrats from playing political games with our children’s education.

“Let’s Take Back Kansas Education for parents and students!”

Masterson expanded on his post in an exclusive interview with The Heartlander this week.

The Heartlander asked what exactly he will do for parents’ rights and school choice this session that might survive a veto. Having lawmakers essentially override the governor’s decision not to provide federal school choice funding to the state’s parents is high on the list.

“We’re not in a great spot with Laura because the governor is also radical on that issue and doesn’t allow any parental freedom,” Masterson said.

“I think probably the most we’ll be able to do this year is, I do think we’ll be able to authorize the  tax credits that were offered in the Working Family Tax Cut Act at the federal level. Of course, that bill left an opt-in to the governor, which our governor would never do. So we’re going to go around it with legislation and make sure we’re opted into that.

“And then we have a small [state] scholarship tax credit that we’ve hit the limit on. It’s a small $10 million tax credit, but we’re going to be able to raise that cap to $15 [million], I think, which allows people to get a tax credit for helping low-income kids have school choice.”

Another doughnut hole: abortion

Interestingly, a map similar to the one showing Kansas is the country’s doughnut hole in school choice could be used to illustrate the issue of abortion: Since the Kansas Supreme Court divined a right to abortion in the state Constitution in the 2019 Hodes ruling – making it nearly impossible for lawmakers to regulate the practice – Kansas has become the Midwest mecca for it.

“Newly released year-old data show a spike in abortions in Kansas is primarily attributable to patients from other states,” The Topeka Capital-Journal reported last month.

“Out-of-state patients make up three-fourths of 19,000 Kansas abortions performed in 2024,” Kansas Reflector also reported.

“The number of abortions performed in Kansas during 2024 surpassed 19,000 for the second consecutive year in wake of judicial and political decisions in other states restricting access to the medical procedure.”

“In 2024, Kansas reported 19,811 abortions — 76% performed on out-of-state residents,” Kansans For Life posted on Facebook. “When informed consent laws and basic safety standards are stripped away, women and girls are left vulnerable to a predatory abortion industry.”

Is there anything the Legislature can do about that?

In a word: no.

“Well, we’re in a very tragic position that we’re under a kind of a radical Supreme Court opinion,” Masterson laments. “And so we’re working to just protect young mothers. I mean, at this point, ultimately, it’s going to take a new Supreme Court opinion.”

In 2022, pro-life advocates tried to essentially overturn the state Supreme Court with a constitutional amendment called “Value Them Both,” which would’ve restored lawmakers’ ability to at least regulate the practice in Kansas. Due to out-of-state money and misrepresentations about what the amendment would’ve done, they say, it failed miserably at the ballot box.

By nearly 60%. In a state Donald Trump has consistently won by nearly 60%.

How does it feel knowing Kansas has become one of the nation’s leading abortion destinations, even in the wake of Roe v. Wade’s overturning?

“Well, I mean, it turns my stomach, quite frankly,” Masterson told The Heartlander, “because I’ve been battling in that life arena for a long time.

“We had the [1991] Summer of Mercy [anti-abortion protests] in Wichita because we used to be the abortion capital of the world for a long time too. We had an abortion doctor down in Wichita that was performing third-trimester, even partial-birth abortions. It got to the point the churches finally rose up and tried to block the abortion clinics. 

“And so, we were able to get momentum and pass a lot of good pro-life legislation that got basically wiped out in that Hodes decision. So, we’re returning to that tragic time. And I’m hoping the momentum is there again to right the ship in Kansas.

“That [Value Them Both] amendment, it was just awash in misinformation and lies. And it was tragic timing that it happened; we’d put it on the [ballot] not anticipating that Roe v. Wade would be overturned that summer. And so, there was a lot of out-of-state money that came in and it was just so much misinformation. It was kind of a tragic collision of timing.”

Only voters can change it

No doubt spurred on by the Hodes ruling, the Legislature has asked voters in August to approve a constitutional amendment changing the way the state’s Supreme Court justices are installed – from appointments led by a nominating commission of mostly lawyers to direct election by voters.

It’s not a sexy issue, but how would Masterson describe its importance?

Answer: more important than even his run for governor.

“As invested as I am in the governor’s race, I tell people that question on the ballot is actually more important than even the governor’s race,” he says, “because we have such a radical way of appointing our Supreme Court justices. We’re the only state in the union that cedes power to a nominating commission – to five members on the commission that are lawyers, elected only by lawyers. So we’re in a very bad position. 

“Really, the result of that is, we have a Supreme Court that does not reflect the Kansas people. And then that gets in all kinds of decisions. They’ve overturned death penalties, acting as politicians. They’ve removed damage caps and created expenses on business. They’ve forced spending, decisions of spending. There’s a host of radical decisions. 

“And so, that’ll be a generational change for Kansas – once the people have a voice in the judicial branch.”