School Choice & Charters

Ariz. Law Grants Tax Credit for Tuition-Aid Donations

By Lynn Schnaiberg — April 16, 1997 3 min read
  • Save to favorites
  • Print

A new Arizona law will grant taxpayers up to $500 in income-tax credits for donating money to nonprofit groups that, in turn, provide scholarships for students to attend private schools, including religious ones.

The law, which will take effect next year, also offers taxpayers up to a $200 credit for money given to public schools to support extracurricular activities that may require a fee, such as band or sports teams. Republican Gov. Fife Symington signed the measure into law last week.

Opponents of the law call it a back-door voucher scheme, but supporters say it’s a different animal altogether.

One thing both sides seem to agree on is this: School choice proponents have hit upon a new strategy. And the courts likely will decide whether it ultimately proves to be a successful strategy or not.

“This is such a hybrid piece of legislation,” said Joseph Conn, a spokesman for Americans United for Separation of Church and State, a Washington-based advocacy group. “I don’t know of any other plan like this in the country. It’s fiendishly clever.

“But it’s just one more mechanism for the state to encourage religious schooling,” he contended.

Republican state school chief Lisa Graham Keegan defended the measure last week.

“Contrary to current folklore, it does not give a direct tax credit to parents who send their children to private schools,’' the Arizona school superintendent said.

Cost Controversy

Some states allow parents to take tax deductions or credits for private school tuition they pay for their children. Many nonprofit groups provide scholarships for low-income children who otherwise would not be able to afford private school tuition.

But Arizona’s law combines elements of both approaches. It offers an incentive for any taxpayer to make donations to nonprofit scholarship organizations that provide benefits for more than one private school. But it is not limited to parents who send their children to such private schools. In fact, it does not allow parents a tax credit if they designate their donations for the direct benefit of their children. While taxpayers often claim deductions for charitable donations, the Arizona plan offers a dollar-for-dollar credit for the amount of a specific donation.

In arguing that Arizona’s law likely would pass legal muster, proponents point to a 1983 U.S. Supreme Court ruling that narrowly upheld a Minnesota provision granting tax breaks to parents for private school tuition. A federal district judge upheld a similar program in Iowa in 1992. (“Judge Upholds Iowa Tax Breaks for Private-School Parents,” April 1, 1992.)

Opponents of the measure say it would funnel public tax money into private and religious schools.

“It’s just shifting dollars into the private realm. In our mind, it’s a voucher,” said Mary Kay Haviland, the director of government relations for the 30,000-member Arizona Education Association.

Arizona education groups are likely to challenge the measure and may try to go to the voters to nullify the law through a referendum on the 1998 ballot.

Estimates of the new law’s costs to the state in lost revenue are fiercely disputed. The state department of revenue “conservatively estimated” the potential cost at $50 million a year initially, then lowered the amount to $30.5 million to reflect potential state savings when students move from public to private schools. Opponents say it could cost much more, while supporters say it could cost as little as $10 million a year.

Meanwhile, Jack E. McVaugh, the president of the Arizona School Choice Trust, is still reeling from the possibilities the new law may open. His nonprofit group helps 100 low-income children with private school tuition aid.

“We sure are excited. We’ve been struggling pretty much for four years,” Mr. McVaugh said. “This should change it.”

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
McKinney-Vento Transportation Strategies: Managing Cost & Protecting Access
Explore McKinney-Vento transportation strategies to manage costs, respond quickly to changing needs, and protect student access.
Content provided by HopSkipDrive
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Families & the Community Webinar
Celebrate Family Engagement Day With Strategies That Work
Join National PTA and AASA to explore practical systems-wide family engagement strategies in celebration of National Family Engagement Day.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Choice & Charters IRS Will Go ‘As Broad As We Can’ With Federal K-12 Choice Rules
Federal regulators want K-12 students to spend tax-credit scholarship funds on “a large range of educational needs."
3 min read
The exterior of the Internal Revenue Service (IRS) building in Washington, is photographed March 22, 2013.
The exterior of the Internal Revenue Service (IRS) building in Washington on March 22, 2013. An IRS official on Thursday said forthcoming guidance on federally backed K-12 scholarships will outline how they can cover "a large range of educational needs."
Susan Walsh/AP
School Choice & Charters After Elections, Democrats Will Run School Choice Programs They've Blasted
Democrats have criticized school choice for a long time. Now, they'll be in charge of some big programs.
6 min read
Democratic Texas gubernatorial candidate Gina Hinojosa speaks to supporters at an election night event in Austin, Texas, Tuesday, Nov. 3, 2026.
Texas Gov.-Elect Gina Hinojosa speaks to supporters at an election night event in Austin, Texas, Tuesday, Nov. 3, 2026. The Democrat pledged to repeal her state's private school choice program while on the campaign trail.
Ashley Landis/AP
School Choice & Charters A Public School District Wants to Maximize Federal Choice Funds. Here's How
Indiana's largest district is laying the groundwork for big investments through the new federal tax credit program.
6 min read
Image of a funnel with money slices flowing through onto student desks
Collage by Laura Baker/Education Week + Getty
School Choice & Charters Public Schools Are Prepping for Federal Choice Cash. They Still Might Not Get It
Educators in states that haven't opted into the new federal program are preparing for their students to benefit.
6 min read
A photo collage of a 4 pane window on top of a ghosted road map. Each window pane shows a different scene. Clockwise from left: mother holding the hand of her young child as they cross a cross walk toward a school building, middle school boy working a tutor, back of school bus on a rural road, and the back of a young girl working with objects.
Collage by Gina Tomko/Education Week + Canva