Senate · Engrossed · 2025-2026 Regular Session
SB 446: Student Scholarship Organizations; State of Georgia to participate in the federal tax credit program for contributions of individuals to scholarship granting organizations; provide
Last action March 31, 2026 · House Postponed
A Georgia Senate bill would have the state officially join a new federal tax credit program that rewards individuals who donate to private school scholarship organizations, with the state revenue commissioner running the process starting in 2027.
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 Comm Sub version, the latest the General Assembly's website lists.
In plain language
Congress created a federal tax credit for people who donate to scholarship granting organizations that fund private school tuition. This bill sets up how Georgia will take part in that program. It designates the state revenue commissioner as the official who submits Georgia's participation notice to the U.S. Secretary of the Treasury each year and who must follow federal rules for the credit. The bill reorganizes Georgia's existing student scholarship organization law (O.C.G.A. Chapter 2A of Title 20) into two parts: the current rules become 'Article 1' and a new 'Article 2' is added covering the federal program. The commissioner must annually notify the federal government which Georgia scholarship organizations qualify, publish that list online, and accept applications from organizations year-round. No state agency may write rules that conflict with or reinterpret the federal requirements. The changes take effect once the Governor signs the bill and apply starting with the 2027 tax year.
What the bill does
- Designates the state revenue commissioner to make official elections on Georgia's behalf for the new federal tax credit for donations to scholarship granting organizations.
- Requires the commissioner to submit an annual notice to the U.S. Treasury Secretary listing Georgia scholarship organizations that qualify for the federal credit.
- Requires the Department of Revenue to publish the list of qualifying scholarship organizations on its website as soon as it is submitted.
- Requires the commissioner to accept applications from scholarship organizations year-round for inclusion on that list.
- Bars any Georgia state agency from adopting rules that expand, limit, or otherwise diverge from the federal law and guidance governing this tax credit.
- Reorganizes the existing student scholarship organization law into a new 'Article 1' and adds the new federal-program rules as 'Article 2', with a conforming edit to the state's own scholarship tax credit law (O.C.G.A. § 48-7-29.16).
Who it affects
Georgia's state revenue commissioner and the Department of Revenue, which take on new administrative duties; scholarship granting organizations that fund private school tuition, which must apply to be listed; and individual taxpayers who donate to those organizations and want to claim the new federal tax credit.
Why it matters
If enacted, Georgians who donate to qualifying scholarship organizations could claim a federal tax credit starting with the 2027 tax year, in addition to any existing state credit. The bill also locks in the state revenue commissioner as the sole official managing Georgia's participation, limiting other agencies from adding their own rules.
Key provisions
- Section 1 states legislative intent that Georgia participate in the federal tax credit scholarship program created by Section 70411 of Pub. Law No. 119-21 and notes Governor Kemp already submitted an advance election notice in January 2026.
- Section 3 adds new Code Section 20-2A-21, naming the state revenue commissioner as the official who makes elections and must comply with federal requirements, including 26 U.S.C. § 25F, by December 31, 2026.
- Section 3 requires the commissioner to annually notify the U.S. Treasury Secretary with a list of qualifying scholarship organizations and publish that list on the Department of Revenue's website.
- Section 3 requires the commissioner to accept scholarship organization applications throughout the year for inclusion on the federal list.
- Section 3 bars any state department, agency, board, commission, or authority from adopting rules that conflict with or reinterpret the federal tax credit's requirements.
- Section 4 makes a conforming change to O.C.G.A. § 48-7-29.16 by specifying that the state tuition tax credit applies to organizations operating under the newly designated Article 1.
- Section 5 sets the effective date as the date of the Governor's approval, applying to taxable years beginning on or after January 1, 2027.
From the bill
“The state revenue commissioner is designated to make elections on behalf of the State of Georgia with respect to the federal tax credit established in Section 70411 of federal Pub. Law. No. 119-21”
“No department, agency, board, commission, or authority of this state has authority to adopt or promulgate any rule or regulation that expands, interprets, limits, or is otherwise not aligned with federal law”
Discussed in meetings (15)
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, February 11, 2026
From 1:12:38 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would put Georgia’s participation in a federal scholarship tax-credit program into state law rather than require annual executive renewal. The sponsor described dollar-for-dollar federal credits up to $1,700 for single filers and $3,400 for couples, supporting tuition, books, transportation and other expenses for families below 300% of area average income, without state spending. Asked about effects on Georgia’s existing scholarship program, the sponsor said the definitions mirrored federal language and no restriction had been identified. A member questioned permanent participation, oversight and eligibility for schools still seeking accreditation. The chair relayed legislative counsel’s advice that future lawmakers could change the law; the accreditation question remained unanswered. The sponsor also promised to follow up on a question about requiring scholarship recipients to be in Georgia. A supporting member said Cristo Rey relied on existing scholarships and that demand exceeded the state program’s cap. An IDRA witness opposed the bill, citing uncapped federal costs, reduced public-school resources, limited state oversight, administrative fees up to 10%, and private schools’ urban concentration. An amendment excluding schools still seeking accreditation failed, with three votes in favor. The committee then approved the bill without an announced vote count.
Senate Rules Committee, February 17, 2026
From 0:14:59 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 446 would put Georgia's participation in a federal scholarship tax-credit program into law so the governor would not need to opt in annually. The sponsor said couples could contribute up to $3,400 and receive a dollar-for-dollar federal tax credit, while scholarship recipients could use the money for tuition, school supplies and transportation. A committee member later selected the bill for floor consideration. The committee unanimously approved a calendar containing this bill and two others.
Senate floor session, February 18, 2026 (legislative day 20)
From 1:46:40 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Engrossed)
Summary by Georgia Commons: The sponsor said SB 446 would put Georgia’s participation in a federal scholarship donation tax-credit program into state law, at no state cost. The sponsor cited annual credits of $1,700 for individual filers and $3,400 for joint filers. One supporting senator said scholarships would expand choices for lower-income families. Another cited Cristo Rey’s funding needs and argued participation could benefit public schools through competition. A questioning senator challenged school accountability and accreditation. The sponsor said federal Treasury rules would govern the program and acknowledged schools need not already be accredited. Another opponent questioned language describing participation as permanent policy. A supporting senator answered that future lawmakers could reverse it and defended eligibility during accreditation. Asked about directing donations, that supporter said organizations must serve at least 10 students across multiple schools but could honor a school preference. The minority-report presenter argued federal rules were unfinished, income eligibility was too broad, academic reporting was inadequate, and the bill excluded public school students whom federal law allowed to participate. The Senate approved a joint motion preventing floor amendments by 30-21, voted 31-21 to end debate before the minority report and closing remarks, and passed the bill 31-21.
House Ways & Means Committee, March 19, 2026
From 0:26:44 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said the substitute used language the committee had approved earlier to have Georgia participate in a federal education tax credit program. The presenter described a $1,700 federal tax credit benefiting private and public school students and said federal law lets states choose whether to participate. The presenter said automatic annual participation would give parents, families and students certainty about educational options, and noted that states with differing political leadership had joined. No questions were asked. The committee approved the bill by voice vote, with opposition heard but no vote count announced.
House Rules Committee, March 23, 2026
From 0:31:59 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3028
Summary by Georgia Commons: The sponsor said SB 446 would put Georgia's participation in a federal scholarship tax-credit program into state law following the governor's decision to opt in. The sponsor described a dollar-for-dollar federal credit, up to $3,400 annually for couples, with scholarships usable for tuition, books, transportation and other expenses. The sponsor said House revisions would let Georgia adopt forthcoming federal guidelines. One member questioned whether private-school concentration in metro Atlanta would leave rural counties subsidizing urban areas, citing a comparison between Fulton County and 113 rural counties and saying 60 of those rural counties had no private schools. The sponsor did not confirm the comparison, rejected the subsidy characterization and said participating organizations could operate statewide. The sponsor hoped federal rules would allow public, private and charter school students to benefit. Another member cited more than 400 private schools participating in the state's voucher program and Fulton's large population; the sponsor agreed with those statements. No calendar decision followed.
House Rules Committee, March 25, 2026
From 0:42:34 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: Following a motion and second, the chair announced that SB 446 was on the day's calendar. There was no discussion of the bill's contents.
House floor session, March 25, 2026 (legislative day 37, PM)
From 3:53:47 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Postponed)
Summary by Georgia Commons: The chair postponed the bill until the next legislative day. No substantive discussion occurred.
House floor session, March 27, 2026 (legislative day 38, part 2)
From 2:31:00 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Postponed)
Summary by Georgia Commons: The chair announced that SB 446 would be postponed until the next legislative day. No presentation or debate occurred.
House floor session, March 31, 2026 (legislative day 39, part 3)
From 1:58:19 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Postponed)
Summary by Georgia Commons: The chair announced that consideration was postponed to the next legislative day. There was no substantive discussion.
- Read aloud: Senate floor session, February 3, 2026 (legislative day 11), 0:25:37
- Read aloud: Senate floor session, February 12, 2026 (legislative day 18), 0:25:22
- Read aloud: Senate floor session, February 17, 2026 (legislative day 19), 0:35:19
- Read aloud: House floor session, February 19, 2026 (legislative day 21), 0:34:34
- Read aloud: House floor session, March 20, 2026 (legislative day 35), 0:51:10
- Read aloud: House floor session, March 27, 2026 (legislative day 38, part 1), 1:48:05
Status timeline
- House Postponed (House)
- House Postponed (House)
- House Postponed (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
Show full history (13 actions)
- Senate Engrossed (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Clint Dixon (R, SD-45)
- Billy Hickman (R, SD-4)
- Frank Ginn (R, SD-47)
- Steve Gooch (R, SD-51)
- Blake Tillery (R, SD-19)
- Bo Hatchett (R, SD-50)
- Randy Robertson (R, SD-29)
- Jason Anavitarte (R, SD-31)
- Bill Cowsert (R, SD-46)
- Russ Goodman (R, SD-8)
- Greg Dolezal (R, SD-27)
- Shawn Still (R, SD-48)
- Larry Walker, III (R, SD-20)
- John Albers (R, SD-56)
- Carden Summers (R, SD-13)
- Chuck Hufstetler (R, SD-52)
- Mike Hodges (R, SD-3)
- Jason T. Dickerson (R, SD-21)
- Rick Williams (R, SD-25)
- Timothy Bearden (R, SD-30)
- Kay Kirkpatrick (R, SD-32)
- Scott Hilton (R, HD-48)
Votes
- Senate voteFebruary 18, 2026
30 yea, 21 nay (1 not voting, 2 excused)
- Senate voteFebruary 18, 2026
31 yea, 21 nay (0 not voting, 2 excused)
- Senate voteFebruary 18, 2026
31 yea, 21 nay (0 not voting, 2 excused)
Topics
- private school scholarships
- tax credits
- school choice
- state tax policy