School choice contained in Big Beautiful Bill: but will New Mexicans benefit?

Among the MANY provisions contained in the “Big Beautiful Bill” is one that allows to claim tax credits for up to $1,700 annually for donations to Scholarship Granting Organizations (SGOs). These organizations provide scholarships that can be used for tuition, transportation, school supplies, and other educational expenses.

That is a big win for school choice that encourages donations to nonprofits that help families pay for private or alternative K-12 education. But, in a compromise, states will be able to opt in or out of the program. The question inevitably arises, will New Mexico join the program?

According to the plan’s lead legislative advocated Sen. Ted Cruz, “This tax credit provision will unleash billions of dollars every single year for scholarships for kids to attend the K-12 school of their choice.”

Under the bill, the credit is permanently written into the tax code with no expiration date or national cap on donations. Families earning up to 300% of their area’s median income are eligible to receive scholarships.

All 50 states could adopt the program immediately if the bill becomes law, but each state must choose to opt in. Currently, 35 states operate similar scholarship programs.

To qualify, SGOs must be 501(c)(3) nonprofits — not private foundations — and must award scholarships to at least 10 students attending different schools. They must dedicate at least 90% of donated funds to scholarships, keep eligible donations in separate accounts, and prohibit donors from earmarking funds for specific students.

With New Mexico’s education system objectively failing to educate our children one would think that the State’s politicians and interest groups would be thrilled with passage of this plan (whether they support the BBB or not). We shall see whether New Mexico opts in under MLG or whether we have to wait and hope for the next governor to act.