Tax credit for private school scholarships sidesteps public education funding
H.R. 817 — Educational Choice for Children Act of 2025 · Filed by Adrian Smith (R-NE) · 27 cosponsors · Introduced Jan 28, 2025 · Referred to committee
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What it does
This bill creates a federal tax credit allowing individuals to deduct up to $5,000 per year (or 10% of adjusted gross income, whichever is greater) for donations to nonprofit scholarship organizations that fund K–12 education for low-income students (those from households earning up to 300% of area median income). The scholarships can be used for tuition at public, private, or religious schools, as well as tutoring, books, and educational therapies. The bill includes a $5 billion annual cap through 2028, after which the credit expires, and requires scholarship organizations to distribute 100% of donations within three years while limiting administrative costs to 10%.
Why we flagged it
The bill's core mechanism is a federal tax credit for donations to scholarship organizations, functionally a subsidy for private and religious K–12 education. While framed as 'educational choice,' it operates as a tax expenditure that redirects public revenue to private institutions.
What the text implies
- The bill's $5 billion annual cap (2025–2028) may create a lottery effect: donations are allocated on a first-come, first-served basis, meaning early donors get full credits while later ones may receive none, introducing unpredictability into education funding for families.
- Section 4 ('Organizational and Parental Autonomy') broadly prohibits government oversight of scholarship organizations and private schools receiving funds, potentially limiting accountability for how donations are used and whether schools receiving scholarships maintain non-discriminatory admissions or curricula standards.
The full analysis lists 5 implications of this text.
Who stands to gain
Private K–12 schools; Religious schools; Tutoring and educational services providers