Federal tax credit funnels $5B annually to charter schools, bypassing public oversight
S. 1813 — High-Quality Charter Schools Act · Filed by Tim Scott (R-SC) · 3 cosponsors · Introduced May 20, 2025 · Hearing held
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What it does
This bill creates a federal tax credit allowing individuals to deduct 75% of charitable donations to eligible charter schools and charter management organizations from their federal income taxes, up to $5,000 per year or 10% of adjusted gross income. The credit is capped at $5 billion nationally per year, allocated first to states ($10 million each), then on a first-come, first-served basis nationwide. Charter organizations receiving these funds must spend 100% within five years, maintain audits, and are explicitly shielded from government control.
Why we flagged it
The bill's operative mechanism is a federal income tax credit (75% of donations) paired with a $5 billion annual volume cap. It is functionally a tax expenditure—foregone federal revenue—designed to incentivize private charitable funding of charter school creation and expansion. The framing as 'high-quality' is aspirational; the bill does not mandate quality metrics beyond state performance rankings.
What the text implies
- The tax credit is regressive: only taxpayers with sufficient income and tax liability can benefit. A donor in the 37% bracket receives a 75% credit (27.75 percentage-point net subsidy); a donor in the 12% bracket receives 75% credit but lower absolute value. Lower-income households cannot donate and thus cannot access the credit.
- Section 5 ('Organizational and Parental Autonomy') explicitly shields charter organizations from being 'regarded as acting on behalf of any governmental entity' and mandates 'maximum freedom' from 'governmental control.' This may limit state oversight, accountability, and curriculum standards for publicly funded (via tax credit) schools.
The full analysis lists 5 implications of this text.
Who stands to gain
Charter management organizations (CMOs); Charter school operators; High-income individual donors (via tax credit)