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House rejects amendment that would expand scholarship tax credits to capital projects
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Summary
After nearly two hours of debate, the Oklahoma House rejected an amendment to Senate Bill 15‑46 that would have allowed donors and scholarship-granting organizations to use tax credits for Strong Readers and math proficiency programs and for certain capital projects; critics said the change favored wealthy private schools and the measure failed on final passage.
The Oklahoma House voted down an amendment to Senate Bill 15‑46 that would have broadened how the Equal Opportunity Education Scholarship Fund tax credits may be used, with opponents arguing it would disproportionally benefit wealthy private schools.
Chairman Caldwell Chad introduced the amendment as a duplicate of House Bill 3708, saying it would allow donors to receive tax credits for contributions to the Strong Readers Act and the Oklahoma Math Proficiency Act and give scholarship-granting organizations limited authority to use credits for capital projects that increase instructional seats. Caldwell argued the changes would encourage private donations for both public and private education and said existing caps and oversight remain in place.
Representative Chris Fugate led the opposition in a 10‑minute floor speech, warning that the current language would create a system that advantages affluent private schools and wealthy donors. "For pennies on the dollar, we can build this gymnotorium that has a couple of classrooms in it," Fugate said, urging members to consider who benefits from the credit. He noted the $200,000 cap on public school districts and argued the tax credits could be used in unlimited amounts for private schools until the total program cap is reached.
Sponsors and backers repeatedly replied that the amendment did not change existing caps and that public schools could and have used the program for capital projects. Caldwell said the amendment only extends similar latitude to scholarship-granting organizations that public school foundations currently enjoy and framed the measure as a way to "encourage more private investment in education."
Members asked detailed procedural and fiscal questions: whether the amendment had been through committee language review, how caps on district allocations would operate, which entity would oversee grants and eligibility, and what portion of the statewide credit allocation remained unclaimed. Caldwell and other supporters responded that the Tax Commission administers the credit and that statutory caps (a $25 million cap for each side noted in discussion) were not changed by the amendment.
The House first voted on an emergency clause and other procedural motions; the emergency clause failed to win a two‑thirds majority. After a successful motion to reconsider, the House returned to third reading and held a final roll-call on the amendment. The clerk announced the final tally as 36 aye, 44 nay; the chair declared that the bill failed to pass.
Because the amendment was not adopted, the underlying statutory provisions remain unchanged by this action; members who pressed for additional private investment or tighter safeguards will need to pursue alternative legislation.
What happens next: the chair announced the House recessed and later adjourned until Monday, May 4, 2026, at 1:30 p.m. Further legislative action on scholarship tax credits would require a new motion or a revised bill in subsequent business.