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Hochul intends to opt New York in for federal school choice tax credit program

The governor’s office is awaiting information from the federal government about whether there are any “poison pills that could harm New York’s education system,” a spokesman told JNS.

Hochul
New York Gov. Kathy Hochul announces child care expansion pilot partnership with Monroe County as part of statewide investment in universal child care, Jan. 23, 2026. Credit: Darren McGee/Office of Gov. Kathy Hochul.

New York Gov. Kathy Hochul intends to opt in to the Republican school-choice scholarship program, which is slated to go into effect on Jan. 1, 2027, according to her office. That would make her the second Democrat to do so, after Colorado Gov. Jared Polis.

“Gov. Hochul is supportive of the federal tax credit scholarship and its potential to help New York students and schools,” a spokesman for the governor told JNS.

“Our office awaits information from the federal government on the program and will thoroughly review the details of the policy for poison pills that could harm New York’s education system,” the spokesman added.

Kentucky Gov. Andy Beshear, Maryland Gov. Wes Moore, California Gov. Gavin Newsom, Illinois Gov. J.B. Pritzker, Pennsylvania Gov. Josh Shapiro and Michigan Gov. Gretchen Whitmer—all Democrats considered potential 2028 candidates—have not said if they will include their states in the program.

The IRS and U.S. Treasury Department stated in December that the program allows people to donate money to scholarships for elementary- and secondary-school expenses and to claim those donations, up to $1,700, as federal tax credits.

Students can only access that money under those terms if the state opted into the program, the federal government said at the time.

Sen Ted Cruz (R-Texas) called the announcement a “massive victory.”

“I was proud to author this landmark school choice bill, the largest in American history, and now millions of N.Y. kids will benefit,” he stated.

Sen. Tim Scott (R-S.C.) stated that “30 states and counting” had said they would opt into the program.

“More choice, more opportunity and more hope for families across America,” he wrote. “Proud to have led the effort to get the most significant school choice legislation in our nation’s history, the Education Freedom Tax Credit, signed into law.”

“When parents have a choice, kids have a chance,” he added.

“I did not have this one on my Bingo card,” stated Corey DeAngelis, a strong advocate for school choice and a research fellow at Heritage Foundation.

Moshe Schwartz, of Yeshiva World News, reported on Thursday night that Hochul broke the news, which he called a “massive win” for yeshivas, to a group associated with the Orthodox umbrella group Agudath Israel of America.

“The announcement came at a private event held at the offices of Agudah chairman Sol Werdyger, with members of the Agudah board, including chief operating officer Avi Schnall, Yeruchem Silber, Rabbi Chaim Dovid Zwiebel, Chaskel Bennett” and others, he wrote.

“Agudath Israel of America played a central role in crafting and advancing the legislation alongside legislative sponsors and coalition partners over several years,” he wrote. “Eligibility for scholarships is determined by income thresholds based on a family’s place of residence. According to Agudath Israel, most families in Orthodox Jewish communities will qualify under the program’s generous income guidelines.”

Steve Rabinowitz, president and cofounder of Bluelight Strategies in Washington and a former White House design and production director under President Bill Clinton, told JNS that he remembers “fondly” the “days when for most American Jews, church-state separation included our passing on the possibility of help with tuition in our private parochial schools, despite how much help was indeed needed.”

“That dichotomy was always frustrating, but it was a big part of the price we paid,” said Rabinowitz, a former Senate communications director who consults with Democratic and Jewish clients, among others.

“Those days are quickly ending and not only in New York state,” he told JNS. “I think other states are sure to follow.”

“Even though I am now out of the day school tuition game,” he added, “I played for 13 years. I find myself strangely more ambivalent than I was, ironically, when it was burning holes in my pockets.”

Sydney Altfield, CEO of Teach Coalition, part of the Orthodox Union, stated that the governor’s decision is “extraordinary news for Jewish families and for every community across our state.”

“Gov. Hochul is showing true national leadership,” Altfield said. “Her support for this program puts New York at the forefront of expanding educational opportunity and positions the state as a leader among blue states looking to empower families.”

“This is bigger than New York. Blue states across the country will now be watching closely,” she said.

Menachem Wecker is the U.S. bureau news editor of JNS.
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