Senate Democrats lost in space on attempt to kill education freedom tax credit 

They’re at it again. It’s like clockwork, with the big schooling loyalists. Any time there is movement for education freedom and school choice, they spring into action. We’ve seen this play out in state legislatures and through lawfare, and now, it’s happening on the national stage. 

Recently, Sen. Mark Kelly (D-AZ) and 31 other Senate Democrats filed legislation to kill what is one of the most promising provisions of the Working Families Tax Cuts (also known as the One Big Beautiful Bill Act): the Education Freedom Tax Credit (EFTC).  

The EFTC is the nation’s first law that could expand school choice to families in all 50 states and the District of Columbia, unlocking billions of dollars in new scholarship funding by providing a dollar-for-dollar tax credit of up to $1,700 for donations to scholarship granting organizations (SGOs) starting in 2027. SGOs will, in turn, provide school choice scholarships to families. 

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The teachers unions hate it because it shifts power away from their special interests and returns it to where it belongs: parents, families, and students. They are activating their political pawns to try and kill the tax credit. 

Let’s look at Kelly in his own words and why he’s leading this effort, championing his bill “to end Donald’s Trump’s national school voucher program.”  

Well, that didn’t take long. Kelly fires the launch rockets right out the gate claiming the EFTC is a national school voucher program. He’s either not read the law, or he’s lying, or both. 

The EFTC, unlike a traditional voucher program which is funded through public dollars (and a school choice program vehicle we support in states across America), is funded by private donors. Currently, 29 states have said they will participate. If Kelly had read the law, he would have seen that EFTC scholarships can be used for a myriad of educational expenses including tuition, fees, tutoring, special needs services, curriculum materials, supplementary items and services, transportation, computer technology, or equipment. Students in public and private schools will benefit. 

That’s right, Kelly, the tax credit scholarship that you are hellbent on killing can, and will, be used by kids attending schools across the education landscape — private and public.  

As more students fall further behind, the EFTC can unlock school choice in every state and provide critical services for students in need. But Kelly and 31 other Senate Democrats are coming out against it because of their default attachment to the special interests that stand to lose power. 

This is clearly a political temper tantrum, and it’s shameful. 

The richest part of Kelly’s commentary comes in the next thing he said: “I’m doing this for one reason: because every kid deserves a fair shot, no matter their zip code or how much money their family makes.” 

Cue the Patrick McEnroe: “You can’t be serious, man. You cannot be serious!”  

Ensuring families and kids have access to education that best meets their needs regardless of ZIP code or income is, and always has been, the ethos of school choice. By killing the EFTC, Kelly would literally take away a chance at a better education, one that for far too many families has been unattainable because of their ZIP code or income.  

Give me a break. 

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The reality is this: School choice — including the Education Freedom Tax Credit — is wildly popular, with 32 states and the District of Columbia now funding school choice programs. With the EFTC set to unlock billions in scholarships through philanthropic support, 29 states are already in to benefit, and that number will only grow before the credit goes into effect in 2027. The funding source of the EFTC will not impact state budgets for education and clearly is not “taking money out of public schools and giving to private ones,” as Kelly would have you believe.  

These 32 Senate Democrats are out of touch and lost in space on their attempt to kill the Education Freedom Tax Credit. They will fail, and parents they claim to represent will know where they stand. 

Brian Jodice is the National Press Secretary for the American Federation for Children.