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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 229 By: Daniels
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6 AS INTRODUCED
6
7 An Act relating to income tax credit; amending
7 Sections 2, as amended by Section 3, Chapter 277,
8 O.S.L. 2024, and 3, Chapter 278, O.S.L. 2023, (70
8 O.S. Supp. 2024, Sections 28-101 and 28-102), which
9 relate to the Oklahoma Parental Choice Tax Credit
9 Act; modifying annual credit limit for certain fiscal
10 and tax years; modifying preference requirement for
10 authorizing credits; requiring certain credit
11 reallocation by the Oklahoma Tax Commission; removing
11 certain notification requirement and certain
12 effective revocation of consent; and providing an
12 effective date.
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13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY Section 2, Chapter 278, O.S.L.
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17 2023, as amended by Section 3, Chapter 277, O.S.L. 2024 (70 O.S.
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18 Supp. 2024, Section 28-101), is amended to read as follows:
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19 Section 28-101. A. As used in the Oklahoma Parental Choice Tax
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20 Credit Act:
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21 1. "Commission" means the Oklahoma Tax Commission;
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22 2. "Curriculum" means a complete course of study for a
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23 particular content area or grade level;
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24 3. "Department" means the State Department of Education;
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1 4. "Education service provider" means a person, business,
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2 public school district, public charter school, magnet school, or
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3 organization that provides educational goods and/or services to
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4 eligible students in this state;
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5 5. "Eligible student" means a resident of this state who is
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6 eligible to enroll in a public school in this state. Eligible
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7 student shall include a student who is enrolled in and attends or is
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8 expected to enroll in a private school in this state accredited by
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9 the State Board of Education or another accrediting association or a
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10 student who is educated pursuant to the other means of education
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11 exception provided for in subsection A of Section 10-105 of this
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12 title;
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13 6. "Qualified expense" for the purpose of claiming the credit
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14 authorized by paragraph 1 of subsection C of this section means
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15 tuition and fees at a private school in this state accredited by the
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16 State Board of Education or another accrediting association.
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17 Provided, the amount of tuition and fees considered a qualified
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18 expense pursuant to this paragraph shall not include tuition and
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19 fees paid with any scholarship or tuition and fees discounted or
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20 otherwise reduced by the school;
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21 7. "Qualified expense" for the purpose of claiming the credit
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22 authorized by paragraph 2 of subsection C of this section means the
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23 following expenditures:
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1 a. tuition and fees for nonpublic learning programs,
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2 online or in person,
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3 b. academic tutoring services provided by an individual
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4 or a private academic tutoring facility,
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5 c. textbooks, curriculum, or other instructional
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6 materials including, but not limited to, supplemental
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7 materials or associated online instruction required by
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8 an education service provider, and
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9 d. fees for nationally standardized assessments
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10 including, but not limited to, assessments used to
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11 determine college admission and advanced placement
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12 examinations as well as tuition and fees for tutoring
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13 or preparatory courses for the assessments; and
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14 8. "Taxpayer" means a biological or adoptive parent,
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15 grandparent, aunt, uncle, legal guardian, custodian, or other person
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16 with legal authority to act on behalf of an eligible student.
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17 B. There is hereby created the Oklahoma Parental Choice Tax
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18 Credit Program to provide an income tax credit to a taxpayer for
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19 qualified expenses to support the education of eligible students in
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20 this state.
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21 C. For the tax year 2024 and subsequent tax years, and fiscal
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22 year 2026 and subsequent fiscal years, there shall be allowed
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23 against the tax imposed by Section 2355 of Title 68 of the Oklahoma
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24 Statutes a credit for any Oklahoma taxpayer who incurs a qualified
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1 expense on behalf of an eligible student, to be administered subject
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2 to the following amounts:
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3 1. If the eligible student attends a private school in this
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4 state accredited by the State Board of Education or another
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5 accrediting association, the annual maximum credit amount for tax
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6 year 2024, fiscal year 2026, and each subsequent fiscal year shall
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7 be:
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8 a. Seven Thousand Five Hundred Dollars ($7,500.00) or the
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9 amount of tuition and fees for the private school,
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10 whichever is less, if the combined adjusted gross
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11 income of the parents or legal guardians of the
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12 eligible student during the second preceding tax year
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13 does not exceed Seventy-five Thousand Dollars
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14 ($75,000.00),
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15 b. Seven Thousand Dollars ($7,000.00) or the amount of
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16 tuition and fees for the private school, whichever is
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17 less, if the combined adjusted gross income of the
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18 parents or legal guardians of the eligible student
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19 during the second preceding tax year is more than
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20 Seventy-five Thousand Dollars ($75,000.00) but does
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21 not exceed One Hundred Fifty Thousand Dollars
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22 ($150,000.00),
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23 c. Six Thousand Five Hundred Dollars ($6,500.00) or the
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24 amount of tuition and fees for the private school,
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1 whichever is less, if the combined adjusted gross
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2 income of the parents or legal guardians of the
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3 eligible student during the second preceding tax year
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4 is more than One Hundred Fifty Thousand Dollars
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5 ($150,000.00) but does not exceed Two Hundred Twenty-
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6 five Thousand Dollars ($225,000.00),
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7 d. Six Thousand Dollars ($6,000.00) or the amount of
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8 tuition and fees for the private school, whichever is
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9 less, if the combined adjusted gross income of the
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10 parents or legal guardians of the eligible student
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11 during the second preceding tax year is more than Two
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12 Hundred Twenty-five Thousand Dollars ($225,000.00) but
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13 does not exceed Two Hundred Fifty Thousand Dollars
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14 ($250,000.00), or
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15 e. Five Thousand Dollars ($5,000.00) or the amount of
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16 tuition and fees for the private school, whichever is
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17 less, if the combined adjusted gross income of the
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18 parents or legal guardians of the eligible student
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19 during the second preceding tax year is more than Two
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20 Hundred Fifty Thousand Dollars ($250,000.00);
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21 2. For tax year 2024 and subsequent tax years, the maximum
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22 credit amount shall be One Thousand Dollars ($1,000.00) in qualified
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23 expenses per eligible student in each tax year if the eligible
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24 student is educated pursuant to the other means of education
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1 exception provided for in subsection A of Section 10-105 of this
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2 title. To claim the credit, the taxpayer shall submit to the
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3 Commission receipts for qualified expenses as defined by paragraph 7
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4 of subsection A of this section;
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5 3. If the eligible student attends a private school in this
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6 state, accredited by the State Board of Education or another
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7 accrediting association, that exclusively serves students
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8 experiencing homelessness, the credit amount shall be Seven Thousand
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9 Five Hundred Dollars ($7,500.00) or the amount of the cost to
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10 educate the eligible student at the private school, whichever is
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11 less;
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12 4. If the eligible student attends a private school in this
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13 state, accredited by the State Board of Education or another
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14 accrediting association, that primarily serves financially
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15 disadvantaged students, the credit amount shall be the maximum
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16 credit amount authorized by paragraph 1 of this subsection or the
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17 amount of the cost to educate the eligible student at the private
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18 school, whichever is less. The cost to educate the eligible student
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19 shall be equal to the average cost to educate all students attending
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20 the private school, which shall be calculated by dividing the
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21 private school's total expenditures in the previous year by the
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22 total enrollment in the previous school year. A private school
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23 shall be deemed to be primarily serving financially disadvantaged
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24 students if ninety percent (90%) of the private school's admissions
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1 are based on enrolling students whose gross family income is two
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2 hundred fifty percent (250%) of the federal poverty threshold or
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3 below;
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4 5. The taxpayer shall retain all receipts of qualified expenses
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5 as proof of the amounts paid each tax year the credit is claimed and
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6 shall submit them to the Commission upon request;
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7 6. If the credit exceeds the tax imposed by Section 2355 of
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8 Title 68 of the Oklahoma Statutes, the excess amount shall be
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9 refunded to the taxpayer; and
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10 7. Credits claimed by a taxpayer pursuant to the provisions of
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11 this section shall not be used to offset or pay the following:
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12 a. delinquent tax liability,
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13 b. accrued penalty or interest from the failure to file a
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14 report or return,
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15 c. accrued penalty or interest from the failure to pay a
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16 state tax within the statutory period allowed for its
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17 payment,
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18 d. tax liability of the taxpayer from any prior tax year,
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19 or
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20 e. any debt, unpaid fine, final judgment, or claim filed
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21 with the Commission by a qualified entity as defined
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22 in Section 205.2 of Title 68 of the Oklahoma Statutes.
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23 D. 1. a. For tax year 2024, the total amount of credits
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24 authorized by paragraph 1 of subsection C of this
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1 section shall not exceed One Hundred Fifty Million
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2 Dollars ($150,000,000.00).
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3 b. For the period of January 1, 2025, through June 30,
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4 2025, the total amount of credits authorized by
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5 paragraph 1 of subsection C of this section shall not
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6 exceed One Hundred Million Dollars ($100,000,000.00).
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7 The Commission shall not require a taxpayer who
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8 received a credit pursuant to paragraph 1 of
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9 subsection C of this section in tax year 2024 to
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10 reapply for a credit payable during the period
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11 described in this subparagraph. The Commission shall
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12 base the credit amount payable for the spring 2025 on
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13 the fall 2024 installment disbursement payment amount.
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14 c. For fiscal year 2026 and subsequent fiscal years, the
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15 total amount of credits authorized by paragraph 1 of
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16 subsection C of this section shall not exceed Two
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17 Hundred Fifty Million Dollars ($250,000,000.00).
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18 d. For fiscal year 2027 and subsequent fiscal years,
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19 there shall be no limit to the amount of credits
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20 authorized by paragraph 1 of subsection C of this
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21 section.
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22 2. For tax year 2025 and subsequent tax years 2025 and 2026,
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23 the total amount of credits authorized by paragraph 2 of subsection
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24 C of this section shall not exceed Five Million Dollars
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1 ($5,000,000.00). For tax year 2027 and subsequent tax years, there
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2 shall be no limit to the amount of credits authorized by paragraph 2
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3 of subsection C of this section.
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4 E. The Commission shall prescribe applications for the purposes
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5 of claiming the credits authorized by the Oklahoma Parental Choice
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6 Tax Credit Act and a deadline by which applications shall be
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7 submitted. A taxpayer claiming the credit authorized by paragraph 1
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8 of subsection C of this section shall submit an application
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9 prescribed by the Commission to receive the credit in two
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10 installments, each of which shall be half of the expected amount of
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11 tuition and fees for the private school based on the enrollment
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12 verification form submitted pursuant to this subsection, but in no
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13 event shall an installment payment exceed the amount of the credit
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14 authorized by paragraph 1 of subsection C of this section. If an
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15 eligible taxpayer provides documentation on the application that he
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16 or she is a recipient of income-based government benefits including
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17 the Supplemental Nutrition Assistance Program (SNAP), Temporary
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18 Assistance for Needy Families (TANF), or SoonerCare, the eligible
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19 taxpayer shall not be required to provide additional income
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20 verification. A taxpayer claiming the credit authorized by
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21 paragraph 1 of subsection C of this section shall submit to the
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22 Commission an enrollment verification form from the private school
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23 in which the eligible student is enrolled or is expected to enroll
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24 with the tuition and fees to be charged the taxpayer for the
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1 applicable school year. In reviewing applications submitted by
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2 eligible taxpayers to determine whether they qualify for a credit
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3 authorized by paragraph 1 of subsection C of this section, the
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4 Commission shall give first preference in making installments to
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5 taxpayers who qualify pursuant to subparagraphs a and b of paragraph
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6 1 of subsection C of this section. For credits issued in the 2025-
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7 2026 school year and subsequent school years, the application period
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8 shall open on February 15 prior to the beginning of each school
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9 year. For any eligible student whose parents or legal guardians
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10 have a combined adjusted gross income that does not exceed One
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11 Hundred Fifty Thousand Dollars ($150,000.00), applications shall be
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12 submitted to the Commission within the first sixty (60) days of the
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13 opening of the application period to receive priority consideration.
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14 For students enrolled in the full school year, the credit shall be
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15 paid in two installments, one per school semester, to be paid no
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16 later than August 30 and January 15, each of which shall be half of
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17 the total expected amount of tuition and fees on the enrollment
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18 verification form submitted pursuant to this subsection.
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19 F. In the event there are more applications submitted by
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20 eligible taxpayers for a credit authorized by paragraph 1 of
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21 subsection C of this section than available credits pursuant to
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22 subsection D of this section, then the Commission shall give first
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23 preference in authorizing credits for eligible students of taxpayers
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24 who qualify pursuant to subparagraphs a and b of paragraph 1 of
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1 subsection C of this section and have received the credit in the
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2 prior year.
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3 G. Taxpayers claiming the credit shall:
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4 1. Only claim the credit for qualified expenses as defined in
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5 paragraphs 6 and 7 of subsection A of this section to provide an
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6 education for an eligible student;
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7 2. Ensure no other person is claiming a credit for the eligible
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8 student;
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9 3. Not claim the credit for an eligible student who enrolls as
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10 a full-time student in a public school district, public charter
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11 school, public virtual charter school, or magnet school;
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12 4. Comply with rules and requirements established by the
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13 Commission for administration of the Oklahoma Parental Choice Tax
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14 Credit Program; and
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15 5. Notify the Commission not later than thirty (30) days after
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16 the date on which the eligible student:
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17 a. enrolls in a public school, including an open-
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18 enrollment charter school,
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19 b. enrolls in a nonaccredited private school,
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20 c. graduates from high school, or
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21 d. is no longer utilizing credits authorized by paragraph
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22 1 of subsection C of this section for any reason.
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23 H. Eligible students may accept a scholarship from the Lindsey
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24 Nicole Henry Scholarships for Students with Disabilities Program
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1 created by Section 13-101.2 of this title while participating in the
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2 Oklahoma Parental Choice Tax Credit Program.
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3 I. 1. The Commission shall have the authority to conduct an
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4 audit or contract for the auditing of receipts for qualified
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5 expenses submitted pursuant to paragraph 2 of subsection C of this
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6 section.
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7 2. The Commission shall be authorized to recapture the credits
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8 otherwise authorized by the provisions of the Oklahoma Parental
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9 Choice Tax Credit Act on a prorated basis if an audit conducted
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10 pursuant to this subsection shows that the credit was claimed for
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11 expenditures that were not qualified expenses or it finds that the
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12 taxpayer has claimed an eligible student who no longer attends a
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13 private school or has enrolled in a public school in the state.
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14 3. The Commission shall be authorized to reallocate credits to
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15 the next eligible taxpayer in line when a taxpayer, on behalf of an
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16 eligible student in the program, chooses not to participate, is no
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17 longer eligible to participate, or chooses to forgo participation in
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18 the program for any reason.
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19 4. The Commission shall provide notification of approval status
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20 to applicants within thirty (30) days of closure of the application
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21 window. Notice to applicants with an eligible student, whose
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22 parents or legal guardians have a combined adjusted gross income of
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23 more than One Hundred Fifty Thousand Dollars ($150,000.00), shall be
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1 sent within thirty (30) days or no later than thirty (30) days after
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2 the last day of the priority consideration period.
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3 J. In the event of a failure of revenue pursuant to the
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4 Oklahoma State Finance Act, the tax credits otherwise authorized in
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5 subsection C of this section shall be reduced proportionately to the
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6 reduction in the amount of money appropriated to the State Board of
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7 Education for the financial support of public schools for the fiscal
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8 year in which the failure of revenue occurs.
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9 K. The Commission shall make available on its website to be
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10 updated monthly:
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11 1. The total amount of credits claimed each year pursuant to
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12 paragraphs 1 through 4 of subsection C of this section;
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13 2. The amount of credits claimed and number of students awarded
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14 each fiscal year pursuant to paragraph 1 of subsection C of this
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15 section disaggregated by income categories;
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16 3. The total amount of credits claimed and number of students
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17 awarded who attended a public school in the semester immediately
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18 preceding the school year for which the application is made each
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19 year; and
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20 4. The total number of applications denied and total amount of
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21 credits the denied applications represent for each fiscal year.
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22 L. Credits received pursuant to the Oklahoma Parental Choice
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23 Tax Credit Act shall not constitute taxable income to a taxpayer who
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24 received the credit on behalf of an eligible student.
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1 SECTION 2. AMENDATORY Section 3, Chapter 278, O.S.L.
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2 2023 (70 O.S. Supp. 2024, Section 28-102), is amended to read as
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3 follows:
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4 Section 28-102. A. The State Department of Education shall
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5 provide parents, legal guardians, custodians, or other persons with
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6 legal authority of eligible students with disabilities notice that
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7 participation in the Oklahoma Parental Choice Tax Credit Program
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8 shall have the same effect as a parental revocation of consent
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9 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
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10 Individuals with Disabilities Education Act (IDEA) and an
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11 explanation of the rights parents, legal guardians, custodians, or
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12 other persons with legal authority of eligible students with
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13 disabilities have under IDEA and any applicable state laws and
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14 regulations.
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15 B. The Department shall implement a commercially viable, cost-
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16 effective, and user-friendly system for users to publicly rate,
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17 review, and share information about education service providers.
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18 C. B. The Oklahoma Tax Commission shall coordinate with the
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19 State Department of Education to develop a process to review student
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20 enrollment information in order to verify that an eligible student
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21 who is claimed by a taxpayer receiving a tax credit is not enrolled
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22 in a public school in the state.
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23 D. C. The Commission may promulgate rules to implement the
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24 provisions of the Oklahoma Parental Choice Tax Credit Act. The
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1 State Board of Education may promulgate rules to implement the
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2 provisions of this section.
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3 SECTION 3. This act shall become effective November 1, 2025.
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5 60-1-100 QD 12/30/2024 5:01:19 PM
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