New York Gov. Hochul plans to opt into federal tax-credit scholarship

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New York Gov. Kathy Hochul intends to opt the state into the federal tax-credit scholarship.

The announcement represents a major win for supporters of private school choice who have been lobbying Democratic governors to participate in the program. However, Hochul’s office said she intends to review the details before making the decision official.

The American Federation for Children, a national school choice advocacy group, said Thursday night that Hochul first made the announcement at a private gathering. Emma Wallner, a spokesperson for the governor, confirmed the news.

“Governor Hochul is supportive of the federal tax credit scholarship and its potential to help New York students and schools,” Wallner wrote in a statement. “Our office awaits information from the federal government on the program and will thoroughly review the details of the policy for poison pills that could harm New York’s education system.”

The Treasury Department is still in the process of developing guidelines for the program, which will clarify, for example, how donated money might benefit public school students or whether states can prevent scholarship-granting organizations from discriminating against certain students.

The tax credit was approved last year as part of the Republican-backed One Big Beautiful Bill Act. It allows taxpayers to get a dollar-for-dollar credit up to $1,700 on their federal taxes if they donate money to an eligible scholarship-granting organization. These organizations could give students money for private school tuition, tutoring, and other educational expenses.

Governors, however, have to opt into the program for students in their state to benefit.

“Finally, school choice is coming to New York, thanks to the courage of Governor Hochul and the tremendous advocacy of countless families, educators, and supporters who have worked for generations to advance options for kids who need them,” American Federation for Children CEO Tommy Schultz said in a press release.

According to a tracker maintained by the advocacy group EdChoice, 27 states, nearly all of them led by Republicans, have opted into the tax credit.

Colorado Gov. Jared Polis is the only Democratic governor to have officially opted in. North Carolina Gov. Josh Stein said last year that he intends to do so after the rules are released.

Some Democratic governors have been strongly opposed. In Wisconsin, which launched one of the nation’s earliest voucher programs, Democratic Gov. Tony Evers vetoed Republican-backed legislation that would have opted that state in. In a veto statement, he cited the lack of any accountability measures in the federal program.

Kentucky Gov. Andy Beshear also vetoed opt-in legislation, as did Kansas Gov. Laura Kelly, but Republican-controlled legislatures overrode vetoes in both states.

Other Democratic governors are taking a wait-and-see approach. Democratic backers of expanding school choice argue that families want more options and that states that don’t opt in risk their own taxpayers donating to scholarship groups in other states. Opponents say the program undermines public education and threatens funding, even if indirectly.

Hochul has backed other efforts to expand school choice since taking office nearly five years ago, drawing pushback from other New York Democrats. In 2023, she proposed to significantly expand the number of charter schools in New York City, even as the publicly funded yet privately managed schools have fallen out of favor among many left-leaning elected officials. State lawmakers rejected Hochul’s sweeping proposal but ultimately approved a more modest expansion.

Hochul has also touted her commitment to funding traditional public schools and has presided over increases in state spending. State officials indicated Thursday that schools should expect at least a 2% bump in the state’s forthcoming budget, which is more than a month overdue and has yet to be finalized.

“I’m proud of the resources we have put into education,” she told reporters Thursday.

Erica Meltzer is Chalkbeat’s national editor based in Colorado. Contact Erica at emeltzer@chalkbeat.org.

Alex Zimmerman is a senior reporter for Chalkbeat New York, covering NYC public schools. Contact Alex at azimmerman@chalkbeat.org.