Sen. Cruz, Rep. Hern Introduce School Choice Legislation Prioritizing the Right to a Quality Education for Every Child

WASHINGTON, D.C. - U.S. Sen. Ted Cruz (R-Texas) and Rep. Kevin Hern (R-Okla.-01) introduced the Student Empowerment Act today to enhance 529 College Savings Plans to help public, private, religious, and homeschool students and families.

Upon introduction, Sen. Cruz said, "School choice is the civil rights issue of the 21st century, and throughout my Senate tenure, I have been proud to lead the fight for educational freedom. The Student Empowerment Act is commonsense legislation that will expand access to 529 savings accounts and empower American families to best meet their children's learning needs. I urge my colleagues to swiftly pass it."

Rep. Hern said, "President Trump's tax cuts expanded the success of 529 accounts that enabled millions of Americans to invest their hard-earned dollars towards their children's educations. Expanding 529 accounts is a game-changer for education, giving students, workers, and families the freedom and opportunity they deserve, whether that's in a traditional classroom setting or homeschool. It's time to make education more affordable and meet the evolving needs of our workforce. I'm grateful to Senator Cruz for his leadership in the Senate on this critically important issue."

Parents Defending Education Action, Director of Federal Affairs, Michele Exner said, "We need to ensure families, parents in particular, have more options when it comes to choosing a school that best fits their children's academic needs. Students should not be constrained to a school based on an arbitrary metric like a zip code. Sen. Cruz's Student Empowerment Act is a smart policy that puts parents in the driver's seat and offers more financial flexibility to choose an academic setting that will help their children thrive. At Parents Defending Education Action we are proud to support this legislation and hope to see strong support for this common-sense policy in the 119th Congress."

American Federation for Children, CEO, Tommy Schultz said, "AFC is once again pleased to support Sen. Cruz in his efforts to expand the use of 529s for America's parents. States around the country continue to expand education freedom and Congress should seize every opportunity to complement those efforts."

Home School Legal Defense Association, President, James R. Mason, Esq. said, "HSLDA is pleased to support this bill expanding 529 plans to allow parents to save their own money in these tax-advantaged accounts to pay for homeschool and private school expenses for their children. This bill supports homeschool families and ensures that homeschoolers are treated fairly."

National Microschooling Center, CEO, Don Soifer said, "Today's highly diversified microschooling movement is continuing to grow expansively around the country because families everywhere are excited for their children to be a part of innovative small learning environments where they can feel seen and heard. The Student Empowerment Act of 2025 represents an important step forward by allowing more families the opportunity to use 529 plans to pay for microschooling, and to take advantage of new learning opportunities springing up in communities in all 50 states."

Agudath Israel of America, National Director of Government Affairs, Rabbi A.D. Motzen said, "The Student Empowerment Act builds upon the successful expansion of the 529 College Savings Plans included in the 2017 Tax Cuts and Jobs Act. Thanks to the efforts of Senator Cruz, parents have been able to use 529 plans to save for K-12 education expenses. We applaud Senator Cruz for reintroducing this important piece of legislation that will expand the allowed uses to include tutoring and educational therapies for students with disabilities among other changes and explicitly allow all parents to benefit whether they educate their children in a public, private, or a home school setting."

Heritage Action, Executive Vice President, Ryan Walker said, "Parents across the country should have the ability to educate their children how they see fit, without restrictions. Thanks to the Student Empowerment Act, more American students will have access to a wider array of education opportunities that meet their unique needs. This legislation is a great step toward universal school choice and will allow families to have the resources and flexibility they need for their children to succeed academically. Heritage Action encourages senators to support this bill to expand Americans' education freedom."

Independent Women's Voice, Vice President, Carrie Lukas said, "In elementary and high school, students not only learn foundational skills that are absolutely critical for their future, but they learn whether or not they enjoy school and learning at all. Parents of kids in K-12 schools need to be able to make the best decisions for their children. Too many are diligently putting money away in 529 accounts, but can't afford to make additional investments in their children's education. Senator Cruz is offering a lifeline that can help many parents ensure that their kids get on the right path early in life. Parents should absolutely have the option to use money--money that they have put away for their children--when they believe it's most needed."

Sen. Cruz was joined by Sens. Ron Johnson (R-Wis.), John Curtis (R-Utah), James Lankford (R-Okla.), Tim Sheehy (R-Mont.), Eric Schmitt (R-Mo.), Tim Scott (R-S.C.), Rick Scott (R-Fla.), and Mike Rounds (R-S.D.) in introducing the legislation.

Rep. Hern introduced the companion legislation in the House of Representatives.

Read the Student Empowerment Act here.

BACKGROUND

Under Sen. Cruz's Student Empowerment Act will:

• Expand school choice by increasing the availability of the popular 529 Education Savings Plans to include not only K-12 elementary and secondary school tuition, but also eligible K-12 educational expenses for public, private, and homeschool students;

• Restore the original intention of the Student Opportunity Amendment, re-including homeschool families to ensure that all students are able to use 529 savings accounts to pay for their child's elementary and secondary education;

• Further expand 529 Savings Accounts to cover K-12 educational expenses, to help public, private, and homeschool families afford the costs associated with elementary and secondary education. In addition to tuition, 529's Savings Accounts could now be used to pay for school curriculum, books, tutoring, testing fees, and more. Students with disabilities would be able to use their 529 to pay for educational therapies, which would help these disadvantaged students be able to afford to learn in a way that is customized for their needs.

Sen. Cruz's Student Empowerment Act was endorsed by the: Union of Orthodox Jewish, Parents Defending Education, American Federation for Children, Home School Legal Defense Association, National Microschooling Center, Defense of Freedom Institute, Agudath Israel of America, Heritage Action, Independent Women's Forum, and Texas Public Policy Foundation.

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