PolicyBrief
S. 311
119th CongressJan 29th 2025
ACE Act
IN COMMITTEE

The ACE Act expands 529 education savings account flexibility for K-12 and homeschool expenses, increases annual withdrawal limits, enhances gift tax exclusions, and ties federal tax-exempt bond status to state school choice implementation.

Mike Lee
R

Mike Lee

Senator

UT

LEGISLATION

ACE Act Doubles K-12 Education Savings Limits and Ties State Bond Taxes to School Choice Laws

The ACE Act is a major overhaul of how families can save for school and how states qualify for federal tax breaks. At its core, the bill expands 529 education savings accounts—the kind usually reserved for college—to cover a massive range of K-12 expenses. It doesn't just stop at tuition; it opens the door for tax-free withdrawals to pay for homeschooling materials, online courses, and even private tutoring. If you’re a parent currently paying out-of-pocket for a reading tutor or a specific math curriculum, this bill would let you use tax-advantaged savings to cover those costs starting immediately after it’s signed.

More Room in the Educational Nest Egg

For families already using 529 plans for private elementary or secondary schools, the bill effectively doubles the breathing room. Starting in 2027, the annual limit for tax-free withdrawals for K-12 tuition jumps from $10,000 to $20,000 per student (Section 3). It also makes it easier for grandparents or relatives to chip in; the bill creates a special 'bonus' gift tax exclusion specifically for 529 contributions (Section 4). This means someone could contribute to a child’s education fund without it eating into their standard annual gift tax limit, making it a powerful tool for families looking to shift wealth toward the next generation's schooling.

The Homeschool and Therapy Expansion

One of the most practical shifts in this bill is the explicit inclusion of homeschooling and specialized therapies (Section 2). If you’re a parent of a child with a disability, you could use 529 funds to pay for occupational, behavioral, or speech-language therapy provided by licensed professionals. For the homeschooling community, the bill defines 'qualified expenses' broadly, covering everything from textbooks to nationally standardized tests and dual-enrollment fees for high schoolers taking college classes. The only catch on tutoring is that the tutor can’t be a relative and must be a licensed teacher or a recognized subject matter expert.

A High-Stakes Choice for States

While the savings expansion offers more flexibility for parents, the bill includes a heavy-hitting provision that could change how your local government functions. Section 5 ties the federal tax-exempt status of state and local bonds to 'school choice' policies. To keep their bonds 100% tax-exempt, states must ensure that at least 65% of their kids are eligible for programs like vouchers or private education tax credits. If a state doesn't meet these 'minimum school choice' benchmarks, only 50% of the interest on their bonds remains tax-exempt.

Real-World Ripple Effects

This bond provision is where things get complicated for the average resident. States that prefer a traditional public school model could see their borrowing costs spike as investors demand higher interest rates to compensate for the lost tax perks. For a resident in one of those states, that could mean higher local taxes or delayed infrastructure projects—like new bridges or water systems—because the state's 'credit card' just got more expensive. On the flip side, families in states that lean into these programs might see a surge in private education options and more financial support for non-traditional schooling. The bill essentially uses federal tax law as a lever to encourage states to move toward a specific educational philosophy, creating a potential map of 'winners' and 'losers' based on where you live and how you choose to educate your kids.