PolicyBrief
H.R. 817
119th CongressJan 28th 2025
Educational Choice for Children Act of 2025
IN COMMITTEE

The Educational Choice for Children Act of 2025 establishes a federal tax credit for donations to scholarship-granting organizations to help families fund K-12 educational expenses, including private school tuition and homeschooling costs.

Adrian Smith
R

Adrian Smith

Representative

NE-3

LEGISLATION

Federal Tax Credit for Private School and Homeschooling Expenses: $5 Billion Annual Cap Proposed Through 2028.

The Educational Choice for Children Act of 2025 aims to overhaul how families pay for K-12 education by introducing a federal tax credit for donations to scholarship organizations. Starting in the 2025 tax year, individuals can claim a credit for 100% of their donations to these groups, capped at either $5,000 or 10% of their adjusted gross income—whichever is higher. These organizations then turn around and provide scholarships to students whose household income is at or below 300% of their area's median. For a family in a typical mid-sized city, this could mean eligibility for those earning well into the six figures, covering everything from private school tuition and tutoring to homeschooling curriculum and therapies for students with disabilities.

The $5 Billion First-Come, First-Served Race

While the bill promises a massive influx of scholarship money, it comes with a strict 'volume cap.' The IRS will only allow $5 billion in total credits nationwide per year from 2025 through 2028. To manage this, the bill requires the IRS to build a real-time tracking system. Since the credits are allocated based on when you make the donation (Section 25F), it essentially creates a year-end dash for donors. If you’re a taxpayer looking to zero out $5,000 of your federal bill by helping a local scholarship fund, you’ll need to move fast before the national 'bucket' hits its limit. If you miss the window, you’re out of luck until the next calendar year, though any credits you do successfully claim can be carried forward for up to five years if they exceed what you owe in a single year.

Education Beyond the Classroom Walls

This isn't just about private school tuition. The bill specifically lists 'qualified expenses' that include online learning materials, dual enrollment fees for high schoolers taking college courses, and even fees for independent tutors—provided they aren't related to the student (Section 2). For a parent of a child with dyslexia or autism, this could be a game-changer, as it covers licensed educational therapies that are often expensive out-of-pocket costs. However, the bill is very clear about keeping the government’s hands off: Section 4 explicitly prohibits federal or state officials from controlling the curriculum or internal policies of the schools or organizations involved. This ensures religious schools can maintain their specific character, but it also means the primary oversight comes from independent audits rather than direct government regulation.

Who Wins and Who Bears the Cost?

The immediate winners are families currently stuck between a public school that isn't working for them and a private option they can't afford. By making these scholarships tax-exempt for the families who receive them (Section 3), the bill ensures the full value of the aid goes toward the child's education. On the flip side, the program could lead to a shift in resources. Because the credit directly reduces federal tax revenue, there is less money in the general pot for other federal programs. Additionally, while the bill protects the autonomy of private schools, it doesn't address the potential impact on public school districts that may see a decrease in per-pupil funding as students move to private or home-based settings. For the average worker not participating in the program, the main impact is a shift in how federal tax dollars are prioritized toward private educational paths.