Colorado is locked into the Trump administration’s federal tax credit scholarship program for at least a year, even if the state’s next governor opposes the program.
That’s according to new program rules released Thursday by the U.S. Department of the Treasury and the Internal Revenue Service that dictate how states opt into the program, which will allocate dollars to students attending both public and private schools for tuition, tutoring, after-school programs and a long list of other education needs.
Despite protests from public school advocates who say the federal program could lead to a voucher program — which sends public funds to private schools, including those with a religious affiliation — Gov. Jared Polis earlier this year enrolled Colorado in the program. Polis says he’s eager to see millions of dollars flow into the hands of Colorado families wanting more academic support for their children.
But the program will roll out under a new governor. Attorney General Phil Weiser, the Democratic candidate for governor, has repeatedly condemned the program while his Republican opponent, Victor Marx, said he supports it.
Should voters elect Weiser as Colorado’s next governor, he will have to stomach the program for at least a year, according to Madi Ashour, director of K-12 education policy at the Colorado Children’s Campaign. The federal rules do not contain a process that would allow him to immediately extract Colorado from the program, Ashour said.
Weiser has been a vocal critic of the program, insisting Colorado should not participate. He continues to stand against the program and is still reviewing the new rules, according to a spokesperson for his campaign.
Through the program, on track to start in January, taxpayers can receive a federal tax credit of up to $1,700 — $3,400 in a two-income household — for making a donation to what the federal government has dubbed “scholarship granting organizations.” Those organizations must use the money from taxpayers to fund scholarships for students. The program will be open to the majority of Colorado students since the federal government has designed it to award scholarships to kids in families earning 300% of their area’s median income or less.
Some skeptics of the program are concerned the federal government may design it with rules that favor private school students. Colorado voters have struck down at least three attempts to stand up voucher programs in the state.
During the most recent legislative session Democrats attempted to pass rules into state law that would have ensured public school organizations have equal access to program dollars and that all schools benefiting from the program would have to follow nondiscrimination requirements and laws protecting kids with disabilities. The legislation failed.
Federal rules make it clear that the program will cater to students in public schools, Ashour said.
“They don’t reference public schools, but public school students and expenses incurred in public settings are expressly permitted,” Ashour said.
A statement from Polis’ office listed a few new Colorado organizations tied to public schools that will hand out scholarships, including the Colorado Public Schools Foundation, Denver Public Schools Foundation Opportunity Fund and Learn Everywhere Fund.
“Encouraging donations through federal tax credits will encourage Coloradans to give to charitable organizations and support public education here in Colorado, putting millions of more dollars towards kids learning through scholarships, tutoring, after-school support, and more,” Polis said in the statement. “I am glad that today’s rules clarify that these donations can support public school students and I look forward to providing further comments on these draft rules.”
The statement noted that the Colorado Department of Revenue is updating a form that will compile the state’s eligible scholarship granting organizations and will soon open the process to organizations. Polis’ office plans to submit a list of eligible and participating organizations to the U.S. Treasury Department before January, according to the statement.
It is possible that Weiser, should he win the election, could opt Colorado out at the end of next year, Ashour said, citing a federal rule in which governors must submit a list of scholarship granting organizations to the federal government each year. If Weiser did not submit a list next year, that would indicate Colorado was exiting the program, Ashour said.
That means that under a Weiser administration, the organizations would have a year to prove to him that the funds are “serving public students, that they’re transparent and that we have systems in place to track them and audit them and make sure that they’re being spent on the right things,” Ashour said.
If Weiser decided to back Colorado out of the federal program after a year, Colorado taxpayers could still get a federal tax credit for donating to scholarship granting organizations in other states.
“The choice before presumptive Gov. Weiser isn’t whether or not Colorado taxpayers can get this credit,” Ashour said. “That is federal law. So the choice before Gov. Weiser is, do Colorado kids benefit from the credit or will those dollars flow out of the state?”
Meanwhile, Marx, if elected governor, would support Colorado’s participation in the program with a focus on making sure students attending private religious schools could get scholarships, according to Danielle Neuschwanger, director of special initiatives for Marx’s campaign.
Marx is “supportive of anything that helps children get a quality education,” Neuschwanger said. “So if it does go to private schools and it can benefit a child he’s absolutely for that. So he really does place an emphasis on education, especially with our youth, and making sure that everyone, regardless of social class, minority, religion, that they have access to a quality education.”
This story previously appeared on The Colorado Sun.
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