Legis Daily

Education Freedom Scholarships and Opportunity Act

USA119th CongressS-370| Senate 
| Updated: 2/3/2025
Ted Cruz

Ted Cruz

Republican Senator

Texas

Cosponsors (1)
James Lankford (Republican)

Finance Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The Education Freedom Scholarships and Opportunity Act aims to encourage individual and corporate taxpayers to contribute to scholarships for students. It achieves this by establishing new federal tax credits for cash contributions made to eligible scholarship-granting organizations and eligible workforce training organizations. The ultimate goal is to provide financial assistance for a wide range of educational and vocational pursuits. For individuals, the bill introduces a new tax credit (Section 25F) allowing a credit against federal income tax for qualified contributions, capped at 10 percent of the taxpayer's adjusted gross income . Corporations can also claim a credit (Section 45BB) for qualified contributions, limited to 5 percent of their taxable income . These credits are designed to incentivize charitable giving towards educational and training scholarships. Eligible scholarship-granting organizations are generally 501(c)(3) non-profits that provide scholarships for K-12 education, allocating at least 90 percent of contributions to scholarships and serving multiple students and families. Eligible workforce training organizations, also 501(c)(3)s, focus on vocational education, workforce development, or apprenticeship training, including community colleges and various training programs. Qualified expenses cover elementary and secondary education, career and technical education, and postsecondary vocational training, including certifications. The bill mandates the creation of an Education Freedom Scholarships and Opportunity Act Web Portal by the Secretary of Education, in coordination with Treasury and Labor, to list eligible organizations, facilitate contributions, and provide tax credit pre-approval. A national cap of $10 billion annually is placed on the total credits, split evenly between K-12 and workforce training contributions, with state-specific allocations. Key limitations include that credits cannot exceed tax liability, are non-transferable, and unused credits can be carried forward for up to five years. Importantly, scholarships awarded under this act are not considered income for students or assistance to schools, and the bill prohibits federal control over private, religious, or home education providers. States are also prevented from discriminating against or disfavoring faith-based education providers. The legislation explicitly states that it does not modify a state or local government's authority and responsibility to fund education.
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Timeline

Bill from Previous Congress

S 117-43
Education Freedom Scholarships and Opportunity Act

Bill from Previous Congress

S 118-56
Education Freedom Scholarships and Opportunity Act

Bill from Previous Congress

S 116-634
Education Freedom Scholarships and Opportunity Act
Feb 3, 2025
Introduced in Senate
Feb 3, 2025
Read twice and referred to the Committee on Finance.
  • Bill from Previous Congress

    S 117-43
    Education Freedom Scholarships and Opportunity Act


  • Bill from Previous Congress

    S 118-56
    Education Freedom Scholarships and Opportunity Act


  • Bill from Previous Congress

    S 116-634
    Education Freedom Scholarships and Opportunity Act


  • February 3, 2025
    Introduced in Senate


  • February 3, 2025
    Read twice and referred to the Committee on Finance.

Taxation

Education Freedom Scholarships and Opportunity Act

USA119th CongressS-370| Senate 
| Updated: 2/3/2025
The Education Freedom Scholarships and Opportunity Act aims to encourage individual and corporate taxpayers to contribute to scholarships for students. It achieves this by establishing new federal tax credits for cash contributions made to eligible scholarship-granting organizations and eligible workforce training organizations. The ultimate goal is to provide financial assistance for a wide range of educational and vocational pursuits. For individuals, the bill introduces a new tax credit (Section 25F) allowing a credit against federal income tax for qualified contributions, capped at 10 percent of the taxpayer's adjusted gross income . Corporations can also claim a credit (Section 45BB) for qualified contributions, limited to 5 percent of their taxable income . These credits are designed to incentivize charitable giving towards educational and training scholarships. Eligible scholarship-granting organizations are generally 501(c)(3) non-profits that provide scholarships for K-12 education, allocating at least 90 percent of contributions to scholarships and serving multiple students and families. Eligible workforce training organizations, also 501(c)(3)s, focus on vocational education, workforce development, or apprenticeship training, including community colleges and various training programs. Qualified expenses cover elementary and secondary education, career and technical education, and postsecondary vocational training, including certifications. The bill mandates the creation of an Education Freedom Scholarships and Opportunity Act Web Portal by the Secretary of Education, in coordination with Treasury and Labor, to list eligible organizations, facilitate contributions, and provide tax credit pre-approval. A national cap of $10 billion annually is placed on the total credits, split evenly between K-12 and workforce training contributions, with state-specific allocations. Key limitations include that credits cannot exceed tax liability, are non-transferable, and unused credits can be carried forward for up to five years. Importantly, scholarships awarded under this act are not considered income for students or assistance to schools, and the bill prohibits federal control over private, religious, or home education providers. States are also prevented from discriminating against or disfavoring faith-based education providers. The legislation explicitly states that it does not modify a state or local government's authority and responsibility to fund education.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-43
Education Freedom Scholarships and Opportunity Act

Bill from Previous Congress

S 118-56
Education Freedom Scholarships and Opportunity Act

Bill from Previous Congress

S 116-634
Education Freedom Scholarships and Opportunity Act
Feb 3, 2025
Introduced in Senate
Feb 3, 2025
Read twice and referred to the Committee on Finance.
  • Bill from Previous Congress

    S 117-43
    Education Freedom Scholarships and Opportunity Act


  • Bill from Previous Congress

    S 118-56
    Education Freedom Scholarships and Opportunity Act


  • Bill from Previous Congress

    S 116-634
    Education Freedom Scholarships and Opportunity Act


  • February 3, 2025
    Introduced in Senate


  • February 3, 2025
    Read twice and referred to the Committee on Finance.
Ted Cruz

Ted Cruz

Republican Senator

Texas

Cosponsors (1)
James Lankford (Republican)

Finance Committee

Taxation

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted