New York 2025-2026 Regular Session

New York Senate Bill S09494

Introduced
3/18/26  

Caption

Directs the commissioner of taxation and finance to help entities to elect to participate in the federal tax credit for elementary and secondary scholarships known as the Educational Choice for Children Act of 2025.

Summary

S09494 would have New York opt into a federal tax credit program created under the Educational Choice for Children Act of 2025. The bill states that the state is voluntarily electing to participate in the federal program for taxpayers who donate to scholarship-granting organizations, which then provide scholarships for elementary and secondary students. It describes the program as available to students in public and non-public schools from households at or below 300% of area median income, and says scholarship funds could be used for educational expenses such as fees, tutoring, transportation, and technology. The bill directs the Commissioner of Taxation and Finance to identify scholarship-granting organizations in New York that meet federal requirements, submit an annual list to the U.S. Secretary of the Treasury, publish that list on the department’s website, and adopt rules or regulations needed for organizations to demonstrate eligibility under 26 U.S.C. § 25F. It also requires the commissioner to inform the public about the scholarship program and its benefits, and it would take effect immediately.

Impact

If enacted, the bill would amend the New York Tax Law to create a state administrative role in implementing a federal scholarship tax credit program. It would require the Department of Taxation and Finance to certify and publicize eligible scholarship-granting organizations, helping New York taxpayers and organizations participate in the federal credit beginning with taxable years after December 31, 2026. The practical effect would be to open the state to scholarship donations tied to federal tax incentives and to make New York students eligible for scholarship funds available under the federal program.

Sentiment

The bill text presents the measure as a positive opportunity to expand educational assistance and ensure New York students are not excluded from a federal scholarship program available in other states. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of legislative debate or formal support/opposition in the available record. The overall framing in the bill is strongly favorable, emphasizing access, educational choice, and public outreach.

Contention

The main policy issue implicit in the bill is whether New York should opt into a federal school scholarship tax credit program that benefits both public and non-public school students. Supporters would likely focus on expanded educational options, tutoring, transportation, technology, and scholarship access for lower- and middle-income families. Potential critics may question the use of tax credits to subsidize private or non-public education, the administrative burden on the Department of Taxation and Finance, and whether the program could divert resources or create inequities, but no specific opposition is documented in the materials provided.

Companion Bills

No companion bills found.

Previously Filed As

NY HB88

AN ACT relating to the qualified elementary and secondary education scholarship federal tax credit.

NY S4121

Requires State to elect to participate in federal tax credit scholarship program and directs Commissioner of Education to provide required information to U.S. Secretary of the Treasury.

NY HB3704

Revenue and taxation; income tax; federal income tax credit; election to participate; scholarship granting organizations; Oklahoma Tax Commission; effective date.

NY A4777

Requires State to participate in federal tax credit scholarship program and directs Commissioner of Education to provide required information to U.S. Secretary of the Treasury.

NY S08829

Directs the commissioner of taxation and finance to develop procedures for the use or acceptance of signatures in digital or other electronic form on any declaration, statement, or other document utilized by the department and authorizes the use of an electronic signature by a person granted a power of attorney by a taxpayer with respect to documents submitted to the New York state department of taxation and finance.

NY A09431

Directs the commissioner of taxation and finance to develop procedures for the use or acceptance of signatures in digital or other electronic form on any declaration, statement, or other document utilized by the department and authorizes the use of an electronic signature by a person granted a power of attorney by a taxpayer with respect to documents submitted to the New York state department of taxation and finance.

NY SR20

Urges Governor to take steps for State participation in federal tax credit scholarship program.

NY HB4588

Relating to participating in the federal tax credit scholarship program

NY SB361

Electing to participate in the federal tax credit for individual contributions to scholarship granting organizations.

NY HB342

Taxation; participation in the federal tax credit for individuals making qualified contributions to scholarship granting organizations provided for

Similar Bills

No similar bills found.