A proposed federal rule would target racial preferences in admissions, scholarships, and programs at private K-12 schools and colleges, citing Brown, Bob Jones, and SFFA.
On September 3, 2026, the Treasury Department and IRS proposed regulations that would strip federal tax-exempt status from private schools, including K-12 institutions, for racial discrimination in admissions, scholarships, athletics, or other programs. The 28-page proposal, titled "Racial Nondiscrimination in Private Schools," is scheduled for Federal Register publication September 4 and cites Brown v. Board of Education, Bob Jones University v. United States, and Students for Fair Admissions v. Harvard. Treasury Secretary Scott Bessent said race-based preferences remain discriminatory even when described as equitable, inclusive, or diversity-enhancing, and IRS CEO Frank Bisignano said schools that persist in such practices should expect to lose their exemption.
Continue reading →The new federal tax credit scholarship program under P.L. 119-21 allows donations to fund K-12 expenses including public school services. With Treasury rules pending, a national nonprofit and some districts are setting up scholarship organizations to participate.
The One Big Beautiful Bill Act, signed into law July 4, 2025, created the first federal tax credit scholarship program, effective for contributions made on or after January 1, 2027. Under the new Internal Revenue Code Section 25F, individuals can claim a nonrefundable tax credit of up to $1,700 per year for cash donations to approved Scholarship Granting Organizations. The law allows scholarships to cover a broad range of expenses at public, private, or religious schools, including tuition, fees, books, supplies, tutoring, special needs services, transportation, uniforms, room and board, extended day programs, and computer technology. A new national SGO called Future School Fund has launched to help public school districts and charter networks access the program, and some districts are exploring creating their own SGOs, according to a report from FutureEd.
Continue reading →