States

The Federal Scholarship Tax Credit in New Jersey

Last updated: October 2026. New Jersey has not opted in.

No decision yet
Governor reviewing federal rules
Jan 1, 2027
Deadline to opt in
$1,700
Max credit per donor per year, if NJ joins

Where things stand

New Jersey has not opted in to the Federal Scholarship Tax Credit, and no decision has been announced. Governor Mikie Sherrill has been noncommittal. In May 2026 she said she would "evaluate" the program after Treasury finalized the federal rules. Those rules came out on October 1, 2026. Her spokesperson now says the office is "carefully reviewing this federal guidance" and "examining who the program would serve."

Two bills that would require New Jersey to participate are stalled in committee:

Both bills would mandate participation and name the Commissioner of Education as the state's liaison to Treasury. Neither has moved.

The politics

New Jersey has a Democratic governor and a Democratic legislature. Sherrill did not take a position on private school choice during the 2025 campaign. Her Republican opponent pledged to opt in and lost.

Senate Education Chair Vin Gopal, a Democrat, has vowed to block voucher legislation. The teachers' union joined more than 50 groups opposing a state voucher bill, though it has not issued a statement specifically on the federal program.

Nationally, the picture is mixed for Democrats. Colorado's governor is the only sitting Democratic governor to opt in. New York's governor said she would join barring "poison pills" in the federal rules but has not filed. A poll of nine Democratic-governor states including New Jersey found majority public support for opting in.

What this means for New Jersey families

If New Jersey does not opt in by January 1, 2027, New Jersey students cannot receive federal scholarships. New Jersey donors could still give to scholarship organizations in participating states and claim the federal credit, but the money would fund students in those states.

What New Jersey has now

New Jersey has no state voucher or tax-credit scholarship program. Past efforts never passed. What exists:

The federal credit uses no state dollars, so it would layer on top of these options rather than replacing them. Federal scholarships can also cover tutoring, books, and technology for public school students.

Income limits if New Jersey joins

Students would qualify if household income is at or below 300% of the area median income. Based on HUD FY2026 data:

County Max household income (300% of area median)
Bergen$417,300/year
Essex$415,200/year
Hudson$330,300/year
Middlesex$464,400/year
Monmouth$421,800/year
Ocean$421,800/year
Passaic$417,300/year
Union$415,200/year

Estimates based on HUD FY2026 income data via NJ DCA. The IRS has not published official 2027 figures, and the income calculation method comes from proposed federal regulations, not final rules.

Organizations preparing in New Jersey

No official SGO list exists. If New Jersey opts in, its list would be due to the IRS by February 15, 2027. Two organizations are positioning themselves:

These are preparations, not designations. No organization can be certified until New Jersey opts in.

Key dates

Date Milestone
March 2026 A4777 introduced (stalled in committee)
May 2026 S4121 introduced (stalled in committee); Sherrill says she will "evaluate"
October 1, 2026 Treasury releases regulations; Sherrill's office says it is "carefully reviewing"
January 1, 2027 Deadline for New Jersey to opt in; program goes live
February 15, 2027 SGO list due to IRS (if NJ opts in)

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Sources

  1. IRS: Federal Scholarship Tax Credit, participating states list (accessed October 2026)
  2. NJ Legislature: A4777 (opt-in bill) (accessed October 2026)
  3. NJ Legislature: S4121 (opt-in bill) (accessed October 2026)
  4. Tri-County Scholarship Fund (accessed October 2026)
  5. Ballotpedia: state participation in the federal K-12 education tax credit program (accessed October 2026)