PolicyBrief
S. 292
119th CongressJan 29th 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 eligible students cover a wide range of K-12 educational expenses while protecting the autonomy of participating schools and families.

Bill Cassidy
R

Bill Cassidy

Senator

LA

LEGISLATION

New Federal Tax Credit Offers $10 Billion for Private School Scholarships and Homeschooling Starting in 2026.

The Educational Choice for Children Act of 2025 proposes a major shift in how the federal government supports K-12 education by creating a massive new tax credit for donors who fund private scholarships. Starting in 2026, individuals can claim a credit for up to 10% of their adjusted gross income (capped at $5,000), while corporations can claim up to 5% of their taxable income for donations to Scholarship Granting Organizations (SGOs). Unlike a standard deduction that just lowers your taxable income, this is a dollar-for-dollar credit, meaning if you owe the IRS $5,000 and donate $5,000 to an SGO, your federal tax bill could drop to zero. The bill sets aside $10 billion annually for these credits, with a built-in 'escalator' that increases the cap by 5% every year if the funds are heavily used.

The Scholarship Toolkit

For families, this bill isn't just about private school tuition; it’s a Swiss Army knife for educational costs. Eligible students—defined as those in households earning up to 300% of their area's median income—can use these scholarships for a wide range of 'qualified expenses' under Section 2. This includes the obvious stuff like tuition and books, but it also covers more modern needs like online learning materials, dual-enrollment fees for high schoolers taking college classes, and even specialized therapies for students with disabilities. For example, a parent of a child with dyslexia could use scholarship funds to pay for a licensed speech-language therapist, or a student in a rural area could use the money to cover the cost of an advanced placement exam that their local school doesn't offer.

Rules for the Money Managers

To keep things on the level, the bill creates strict guardrails for the SGOs handling the cash. Under Section 2, these organizations must be 501(c)(3) nonprofits that undergo annual independent audits and verify every family's income using official documents like tax returns or SNAP benefit letters. They are also required to be efficient with the money: they must distribute at least 100% of the funds they receive, minus a 10% allowance for administrative costs and a small carryover for the next year. If an SGO fails to move the money to students fast enough, they lose their ability to offer tax credits to donors the following year, a move designed to prevent these organizations from becoming 'parking lots' for corporate tax breaks.

Hands Off the Classroom

One of the most significant parts of this bill is the 'Organizational and Parental Autonomy' section. Section 5 explicitly forbids the federal or state government from using these scholarships as a 'hook' to control what private or religious schools teach. It states that participating schools aren't considered 'state actors,' meaning the government can't dictate their mission-based policies or religious practices just because their students are using scholarship money. For a parent choosing a faith-based school, this ensures the school’s curriculum stays independent. However, this level of autonomy also means the government has limited power to intervene if a school’s performance doesn't meet certain standards, leaving the 'quality control' largely up to the parents choosing where to spend the scholarship funds.

The First-Come, First-Served Crunch

While the $10 billion cap sounds huge, the bill allocates it on a 'first-come, first-served' basis according to Section 3. This could create a digital 'land grab' every January, where large corporations and wealthy individuals with savvy accountants snap up the available credits before the average person even files their taxes. While 10% of the cap is reserved for residents and businesses within specific states, the bulk of the money is a national free-for-all. Additionally, while this provides a massive boost for private and home education, it doesn't address the potential 'brain drain' or funding shifts that might occur in the public school systems these students leave behind. For the busy professional or tradesperson, this bill represents a new way to direct their tax dollars toward local education, provided they can get to the front of the line.