House · Passed · 2025-2026 Regular Session
HB 328: Revenue and taxation; increase annual aggregate limit for tax credits available for certain contributions to student scholarship organizations
Last action July 1, 2026 · Effective Date
House Bill 328 raises the yearly cap on Georgia's tax credit for donations to private-school scholarship funds from $120 million to $150 million, while also changing who qualifies for scholarships, restricting virtual school enrollment across district lines, and limiting how transit sales tax money can be used.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
Georgia allows donors to get a state tax credit for contributing to student scholarship organizations (SSOs), which fund private-school scholarships. This bill raises the annual statewide cap on those credits from $120 million to $150 million, and changes the separate cap on credits businesses can claim against insurance premium taxes from a flat $6 million to 6 percent of the total credit pool. It also raises the cap on a related tax credit for donations to public school grant programs from $15 million to $25 million per year. The bill changes who counts as an eligible scholarship student, waiving the usual six-week public school attendance requirement for children of active-duty military stationed in Georgia and for students with an IEP, a Section 504 Plan, or certain diagnosed disabilities, and lets those students receive scholarships above the normal per-student cap. It bars General Assembly members and their spouses from taking income from an SSO in a year it received credited contributions. Separately, it restricts virtual instruction to out-of-district students where school performance is low, excludes those students from equalization funding counts, and limits how transit sales tax revenue and reelection timing work for local transit ballot measures. Most provisions take effect July 1, 2026, applying to tax years starting January 1, 2027.
What the bill does
- Raises the statewide annual cap on tax credits for donations to student scholarship organizations from $120 million to $150 million.
- Changes the insurance premium tax credit sub-cap from a flat $6 million to 6 percent of the total scholarship tax credit pool.
- Increases the annual cap on tax credits for donations to public school grant programs from $15 million to $25 million.
- Waives the six-week public school attendance requirement for scholarship eligibility for military dependents and students with an IEP, Section 504 Plan, or certain diagnosed disabilities, and lets those students exceed the usual scholarship dollar cap.
- Bars members of the General Assembly and their spouses from receiving income from a scholarship organization in a year it received tax-credited donations.
- Prohibits a local school system from offering virtual instruction to out-of-district students if its performance index average falls below 65 for two straight years, and excludes those students from equalization funding counts.
Who it affects
Private school scholarship donors and recipients, families of active-duty military and students with disabilities seeking scholarships, members of the General Assembly and their spouses, local school systems that run virtual schools enrolling out-of-district students, public school grant donors, and counties considering transit sales tax measures.
Why it matters
More donors could claim scholarship tax credits before the pool runs out each year, potentially expanding private-school access, while military and disability-designated students gain easier eligibility and higher scholarship amounts. Meanwhile, districts with low-performing virtual schools would lose the ability to enroll outside students, and transit sales tax revenue could no longer subsidize free or reduced fares.
Key provisions
- Section 1 waives the six-week public school attendance rule for military dependents and students with an IEP, Section 504 Plan, or designated disability, letting them qualify for scholarships immediately.
- Section 2 exempts students with those same designations from the cap limiting scholarships to the average per-student public school expenditure.
- Section 3 creates new Code Section 20-2A-2.2 barring legislators and their spouses from receiving income from a scholarship organization in a year it received credited donations.
- Section 4 allows parents to authorize scholarship deposits by electronic signature instead of only by physical endorsement.
- Section 5 bars virtual instruction to out-of-district students if a school system's performance index averages below 65 over the prior two years, and excludes such students from equalization fund counts.
- Section 6 raises the overall scholarship tax credit cap from $120 million to $150 million per year and changes the insurance premium tax sub-cap to 6 percent of that total.
- Section 7 raises the cap on tax credits for donations to public school grant nonprofits from $15 million to $25 million per year.
- Section 8 bars transit sales tax revenue from funding free or reduced public transit fares, and Section 9 requires an eight-year wait before resubmitting a failed transit sales tax ballot question.
From the bill
“No member of the General Assembly or a spouse of a member of the General Assembly shall receive any income from a student scholarship organization during a taxable year in which such organization receives a contribution for which a tax credit pursuant to Code Section 48-7-29.16 was approved.”
“Not provide virtual instruction to out-of-system students in the current academic year if the local school system or its virtual school has failed to maintain an average of 65 or above on the College and Career Ready Performance Index over the previous two school years.”
Discussed in meetings (11)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Finance Committee, March 16, 2026
From 0:40:07 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the substitute for HB 328 would raise the scholarship-donation tax-credit cap from $120 million to $225 million, versus $140 million in the House version. The sponsor described waivers of the six-week public-school attendance requirement for active-duty military families and specified disabilities, removal of scholarship limits for certain disabilities, a ban on income from scholarship organizations for legislators and spouses, a 6% insurance-premium allocation, and a PEACH credit increase from $15 million to $25 million. The sponsor argued the program saved money, citing average scholarships of $4,700 versus $6,300 in state school funding. The chair questioned savings and accountability; another member questioned the expansion’s effect on other education priorities. A Cristo Rey Atlanta witness said credits supplied 30% of the school’s budget. Georgia GOAL said its administrative fee was 4%, below the allowed 8%. Both witnesses opposed expiration because of long-term scholarship commitments; Frontline Policy supported expansion. Members debated whether expiration in 2032 would disrupt families or provide necessary financial review. One member also questioned private schools’ capacity to serve varied disabilities. The amendment removing expiration failed, 5–6. The committee approved the substitute with expiration, 8–3.
Senate Rules Committee, March 20, 2026
From 0:07:27 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said the substitute would remove the expiration date from the student scholarship organization tax credit program. A committee member said the credit limit had increased from 120 to 225, without specifying units, and that the Finance Committee had added an expiration date. That member said supporters argued this credit should not expire. The committee approved the substitute by a show-of-hands vote of 7 to 5.
Senate Rules Committee, March 23, 2026
From 0:06:20 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 328 would raise the scholarship tax credit limit to $220 million, allowing another 20,000 students to participate. The sponsor said military families and students with 504 plans could bypass a six-week public school attendance requirement, and students with those plans could receive scholarships above the current $15,000 cap. No questions were asked. The committee later included the bill in the floor calendar package approved unanimously.
Senate Rules Committee, March 25, 2026
From 0:43:47 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A committee member initially selected HB 328, but the chair asked the member to choose again. No explanation of the bill or the reason for replacing the selection was given. It was not included in the final calendar package.
Senate floor session, March 25, 2026 (legislative day 37)
From 2:39:51 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Engrossed)
Summary by Georgia Commons: The Senate first voted 32 to 19 to prevent floor amendments to HB 328 and three other bills. The sponsor said the substitute would raise the scholarship donation tax credit cap to $225 million and the public school donation credit cap to $25 million next year. The sponsor also described easier scholarship eligibility for military families and students with disabilities, removal of the individual award cap for designated disabilities, electronic endorsements and a ban on legislators or spouses receiving scholarship organization income. The sponsor cited approximately $4,800 average scholarships, demand exceeding available credits and a state report estimating $56.5 million in annual taxpayer savings. One opposing senator questioned financial oversight and described a Department of Revenue response reporting one investigation that found fraud. Other opponents argued the expansion would reduce resources available for public schools and lacked academic accountability. Another opponent said tuition of $9,000 to $12,000 left an unaffordable gap. A supporting senator said scholarships helped working families bridge that gap and pointed to public school funding and new literacy spending. The sponsor said scholarships could not be combined with certain other state scholarships. The Senate adopted the substitute and passed it 30 to 20.
House floor session, March 31, 2026 (legislative day 39, part 3)
From 1:50:27 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub As Amended)
Summary by Georgia Commons: The sponsor presented a House amendment covering education tax credits, school provisions, and transit votes. The sponsor said it includes provisions concerning individualized education programs and military students, preserves an arrangement for some virtual schools, reduces the Senate’s proposed student scholarship organization credit cap from $220 million to $150 million, and sets the PEACH school tax credit at $25 million. The sponsor also said certain failed local transit proposals could not return for another vote for eight years. One member questioned the 25% increase in the private-school scholarship credit. Another member said scholarship provisions benefit students with special needs and that PEACH credits benefit public-school students. Several members objected to the transit waiting period, citing traffic, changing local needs, limits on future votes, and restrictions applying only to selected metro counties. Another member said the provisions concern transit referendums rather than MARTA taxes and apply only to a limited number of counties. The House adopted the amendment without objection and agreed to the Senate substitute as amended, 99 to 67.
Senate floor session, April 2, 2026 (legislative day 40, part 2)
From 4:08:32 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Agreed House Amend or Sub)
Summary by Georgia Commons: The presenter described HB 328 as combining scholarship eligibility changes for military students and students with disabilities, scholarship-account provisions, virtual-school rules and reduced transit fares. The presenter said the scholarship tax-credit cap would rise from $110 million to $150 million, rather than the $225 million previously approved by the Senate. The clerk also read a ban on legislators and spouses receiving income from student scholarship organizations. One member reluctantly supported the package but said about 1,500 virtual-school students would have only three months to find another school. A second member opposed it, arguing the virtual program deserved more time to improve and that unrelated subjects should not be combined. Another opponent supported restricting the virtual program, saying its performance scores were 34 overall and 28 for high school, but objected to the combined package. A member challenged whether the provisions belonged together. The chair ruled they did, and that ruling was sustained, 30–22. The Senate then agreed to the House amendment, also 30–22.
Senate floor session, April 2, 2026 (legislative day 40, part 1)
From 7:37:01 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A senator moved to accept the House amendment to the Senate substitute for HB 328. The clerk's readings described scholarship-organization tax credits, student eligibility and maximum awards, military students and students with disabilities. The Senate substitute's caption also mentioned restricting income that legislators and spouses could receive from scholarship organizations. Before a substantive presentation, another senator asked the chair to rule whether the House amendment complied with the rule requiring related subject matter, arguing that it contained multiple subjects. After a pause, the senator making the agreement motion withdrew it, and the questioning senator withdrew the request for a ruling. No vote or ruling on the House amendment was recorded.
Status timeline
- Effective Date
- Act 463
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Agreed House Amend or Sub (Senate)
- House Agreed Senate Amend or Sub As Amended (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
Show full history (20 actions)
- Senate Engrossed (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Recommitted (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Kasey Carpenter (R, HD-4)
- Scott Hilton (R, HD-48)
- John Carson (R, HD-46)
- Jason Ridley (R, HD-6)
- Houston Gaines (R, HD-120)
- Martin Momtahan (R, HD-17)
- Shawn Still (R, SD-48)
Votes
- House voteMarch 6, 2025
98 yea, 75 nay (1 not voting, 6 excused)
- Senate voteMarch 25, 2026
32 yea, 19 nay (2 not voting, 1 excused)
- Senate voteMarch 25, 2026
30 yea, 20 nay (2 not voting, 2 excused)
- House voteMarch 31, 2026
99 yea, 67 nay (2 not voting, 8 excused)
- Senate voteApril 2, 2026
30 yea, 22 nay (0 not voting, 2 excused)
- Senate voteApril 2, 2026
30 yea, 22 nay (0 not voting, 2 excused)
Topics
- private school scholarships
- tax credits
- virtual schools
- education funding
- transit sales tax