Tax-exempt bonds restricted to States that implement school choice laws

(a) In general Section 103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Restriction to States that implement school choice laws (1) In general Subsection (a) shall not apply to any State or local bond unless such bond is issued by a minimum school choice State or a political subdivision of such a State. (2) Partial exclusion with respect to certain States (A) In general In the case of any State or local bond issued by a minimum school choice State which does not meet the requirements of subparagraph (B) (or issued by any political subdivision of such a State), subsection (a) shall be applied by substituting 50 percent of the interest for interest. (B) Requirements A minimum school choice State meets the requirements of this subparagraph if the Secretary determines that— (i) at least 65 percent of the specified school age children are eligible for one or more of such State’s school choice programs, and (ii) the average amount spent by such State on the education of each specified school age child eligible for one or more of such State’s school choice programs is at least 75 percent of the average amount spent by such State on the education of each specified school age child not eligible for one or more of such programs. (3) Minimum school choice State For purposes of this subsection, the term minimum school choice State means any State if the Secretary determines that— (A) such State has enacted one or more school choice programs, (B) at least 40 percent of the specified school age children are eligible for one or more of such State’s school choice programs, and (C) the average amount spent by such State on the education of each specified school age child eligible for one or more of such State’s school choice programs is at least 60 percent of the average amount spent by such State on the education of each specified school age child not eligible for one or more of such programs. (4) School choice programs For purposes of this subsection, the term school choice program means, with respect to any State, each of the following with respect to elementary and secondary education in such State: (A) Tax credit scholarship programs. (B) Voucher programs. (C) Education savings account program. (D) Refundable tax credit for private education expenses. (5) Specified school age child For purposes of this subsection, the term specified school age child means, with respect to any State, any individual residing in such State who has not attained age 18.. (b) Effective date The amendment made by this section shall apply to bonds issued after the date of the enactment of this Act.