CAPE Submits Comments on New School Choice Law

Anticipation is growing in the private school world over the new school choice law passed by Congress and signed by President Trump this summer. The Federal Scholarship Tax Credit (FSTC) will go into effect on January 1, 2027. However, much work remains to be done before then. Because some of the language of the new law is ambiguous, it is essential that the U.S. Department of the Treasury issue carefully crafted rules and regulations clarifying what the law means and how it will be implemented.

On December 22, CAPE submitted recommendations to the Department laying out some of the concerns and considerations of the private school community. You can read those comments here.

Gov. Polis To Opt Colorado Into FSTC

Governor Jared Polis has announced his intention to have Colorado participate in the new federal tax credit scholarship program that goes into effect January 1, 2027. In the final hours before passage, language was inserted into the legislation allowing each state to decide whether to allow scholarships to be awarded in that state. That decision will usually fall to the governor. (Governors have no control over whether donors from their states can receive a federal tax credit for donating to SGOs. Under the law, taxpayers in all states are eligible.)

The law provides for scholarships to be awarded using privately donated funds for a wide array of educational purposes, including private school tuition, as well as tutoring and other services that can be used by public or private school children. It is hoped that Governor Polis' decision will pave the way for other Democratic governors to choose to participate.

Religious Charters Again Proposed in Oklahoma

From K-12 Dive:

Another religious school — this time Jewish — is seeking to operate in Oklahoma next year as a virtual public charter school, reviving the debate of whether religious schools can be considered public just months after a similar effort by a Catholic school was blocked by a deadlocked U.S. Supreme Court.

The latest school, Ben Gamla Jewish Charter School, intends to apply to the Oklahoma Statewide Charter School Board for virtual charter authorization, according to civil rights organization Americans United for Separation of Church and State.

The Oklahoma Statewide Charter School Board was at the center of a yearslong controversy over St. Isidore of Seville Catholic Virtual School, which applied to be the nation’s first religious public school in 2023. The Oklahoma Supreme Court’s ruling against the school’s creation was upheld by a 4-4 ruling in the U.S. Supreme Court in May.

Your trusty scribes at CAPE Outlook have been closely following the issue of religious charters for years and will continue to do so. Stay tuned...

Education Department Launches New Earnings Indicator

From the U.S. Department of Education:

Today, the U.S. Department of Education (the Department) launched a new earnings indicator to complement the Free Application for Federal Student Aid (FAFSA®) process. Drawn from existing Department data, the new earnings indicator provides students and their families with clear, easy-to-understand information about a school’s post-graduation earnings.

As part of the FAFSA application, prospective students send their personal data to institutions they have expressed interest in attending. Once the form is complete, the FAFSA will present key financial data for each selected institution. If the institution’s average earnings are below the average high school graduate, the form will generate a “lower earnings” disclosure. This information will help prospective students and families better navigate their postsecondary application journey.

New Presidential 1776 Award Established

The Department of Education has also announced the launch of the "Presidential 1776 Award," a nationwide competition recognizing exceptional student knowledge of the American founding. According to the Department, "This award program establishes a national scholarship contest that evaluates students’ understanding of civics and the principles that shaped the United States."

The new award is part of the Department's initiatives celebrating the 250th anniversary of American independence. "High school students will compete in three rounds of multiple-choice and verbal examinations developed independently by the James Madison Memorial Fellowship Foundation. Three winners will receive scholarships totaling $250,000, with the national finals to be held in Washington, D.C. in June 2026."

More information can be found here.

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