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This bill would let families use money from a 529 education savings account for more kinds of K-12 school costs, not just college expenses. It expands what counts as an allowed expense to include tuition for elementary and secondary public, private, religious, or homeschool settings, along with several other school-related costs. In simple terms, it would give parents more ways to use 529 savings to pay for a child’s education before college.
- Allowed expenses would include tuition, curriculum, books, online learning materials, and other instructional materials for K-12 students.
- It would also cover tutoring or outside classes, as long as the tutor is not related to the student and meets certain qualifications, such as being a licensed teacher, having taught at an eligible college or school, or being a subject expert.
- Families could use 529 funds for fees for standardized tests, AP exams, and exams needed for college or university admission.
- The bill would also allow money to be used for dual enrollment fees and for educational therapies for students with disabilities, such as occupational, behavioral, physical, and speech-language therapy, if provided by a licensed or accredited professional.
The change would apply to 529 account withdrawals made after the bill becomes law.
Official Summaries
Student Empowerment Act
This bill expands the education-related expenses that may be paid for with tax-free distributions from a qualified tuition program (also known as a 529 plan) to include certain expenses related to elementary, secondary, and homeschool education.
Under current law, distributions from a 529 plan are excluded from gross income if they are used to pay for qualified higher education expenses, which includes up to $10,000 (per year and per beneficiary) for tuition at an elementary or secondary public, private, or religious school.
The bill expands the education-related expenses that may be paid for with tax-free distributions from a 529 plan to include tuition related to homeschooling and the following expenses related to elementary, secondary, and homeschool education:
- curriculum and curricular materials,
- books or other instructional materials,
- online educational materials,
- tutoring or educational classes outside the home,
- testing fees,
- fees for dual enrollment in an institution of higher education, and
- educational therapies for students with disabilities.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 152 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 152
To amend the Internal Revenue Code of 1986 to permit kindergarten
through grade 12 educational expenses to be paid from a 529 account.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 20, 2025
Mr. Cruz (for himself, Mr. Lankford, Mr. Scott of South Carolina, Mr.
Sheehy, Mr. Curtis, Mr. Johnson, Mr. Rounds, Mr. Schmitt, and Mr. Scott
of Florida) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to permit kindergarten
through grade 12 educational expenses to be paid from a 529 account.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Empowerment Act''.
SEC. 2. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY
AND SECONDARY EXPENSES.
(a) In General.--Section 529(c)(7) of the Internal Revenue Code of
1986 is amended to read as follows:
``(7) Treatment of elementary and secondary tuition.--Any
reference in this section to the term `qualified higher
education expense' shall include a reference to the following
expenses in connection with enrollment or attendance at, or for
students enrolled at or attending, an elementary or secondary
public, private, or religious school:
``(A) Tuition.
``(B) Curriculum and curricular materials.
``(C) Books or other instructional materials.
``(D) Online educational materials.
``(E) Tuition for tutoring or educational classes
outside of the home, including at a tutoring facility,
but only if the tutor or instructor is not related to
the student and--
``(i) is licensed as a teacher in any
State,
``(ii) has taught at an eligible
educational institution, or
``(iii) is a subject matter expert in the
relevant subject.
``(F) Fees for a nationally standardized norm-
referenced achievement test, an advanced placement
examination, or any examinations related to college or
university admission.
``(G) Fees for dual enrollment in an institution of
higher education.
``(H) Educational therapies for students with
disabilities provided by a licensed or accredited
practitioner or provider, including occupational,
behavioral, physical, and speech-language therapies.
Such term shall include expenses for the purposes described in
subparagraphs (A) through (H) in connection with a homeschool
(whether treated as a homeschool or a private school for
purposes of applicable State law).''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
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