From the ECS State Policy Database Choice of Schools--Choice/Open Enrollment

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 Programs Eligible for Block Grant S.B. 1028 - Programs Eligible for Block Grant From bill summary: Under the California Constitution, whenever the legislature or a state agency mandates a new program or higher level of s... More... AR Adopted 05/2012 P-12 Guidelines, Procedures and Enforcement of the Arkansas Opportunity Public School Choice Act AR ADC 005.23.2-1.00 to 23.2-10.00 Govern the guidelines, procedures and enforcement of the Arkansas Opportunity Public School Choice Act. http://170.94.37.152/REGS/005.23.11-... More... CT Signed into law 05/2012 P-12 Open Choice Incentive for Larger Districts S.B. 458 (Sec. 12) Provides an additional incentive for larger school districts to increase their enrollment of out-of-district students under the Op... More... FL Signed into law 04/2012 P-12 Opportunity Scholarships H.B. 7127 - Opportunity Scholarships Revises definition of low-performing school for purposes of student eligibility to attend a higher-perfoming public school under the opportu... More... ME Became law without governor's signature 04/2012 P-12 Open Enrollment H.P. 1372 This bill creates a school open enrollment program under which a student may attend a school other than the school to which that student is ... More... VA Signed into law 04/2012 P-12 Open Enrollment Policies H.B. 603 Provides that local school divisions may have policies that provide for the open enrollment to any school of any student residing within the... More... UT Signed into law 03/2012 P-12 Open Enrollment H.B. 454 From bill summary: Amends the early enrollment period application date for admission for the next school year to a school that is not a stud... More... SD Signed into law 03/2012 P-12 Student Transfer H.B. 1189 Establishes a deadline within each semester after which no student may transfer to a school district other than the resident school district... More... WI Signed into law 02/2012 P-12 Timelines for Application to Nonresident Schools S.B. 2 - Choice of Schools Provision This portion of S.B. 2 establishes timelines for student application to nonresident school and for schools to respond to students making the... More... CA Vetoed 10/2011 P-12 Open Enrollment A.B. 47 From bill summary: Existing law, the Open Enrollment Act, allows the parent of a pupil enrolled in a low-achieving school to submit an appli... More... CA Signed into law 10/2011 P-12 Interdistrict Transfer for Child of Parent Who Works in Another District S.B. 381 From bill summary: Extends the operation of the provision authorizing the district in which a pupil's parent or the legal guardian is physic... More... CA In Senate. Consideration of Governor's veto pending 09/2011 P-12 Interdistrict Transfers S.B. 745 Existing law defines a school district of choice as one in which the district's governing board has, by resolution, elected to accept interd... More... OR To governor 07/2011 P-12 School Choice H.B. 3681 Allows student to attend school in school district where student does not have legal residence if student receives written consent from dist... More... CA Signed into law 07/2011 P-12 Interdistrict Attendance Appeals A.B. 1085 From bill summary: Expresses legislative intent that school districts and county boards of education use their best efforts to expeditiously... More... NH Signed into law 06/2011 P-12 Student Residency Dispute Resolution S.B. 37 Provides further detail on the procedure for resolving residency disputes. Excludes homeless children from the list of pupils whose residenc... More... FL Signed into law 06/2011 P-12 Expands Definition of Failing School for Purposes of Student Eligibility for the Opportunity Scholarship Program H.B. 1331 From House of Representatives Staff Analysis: Expands the definition of a failing school for purposes of student eligibility for the Opportu... More... OR Signed into law 05/2011 P-12 Choice H.B. 2282 Allows student to attend school in school district where student does not have legal residence if student receives written consent from dist... More... AR Signed into law 04/2011 P-12 Amending Opportunity Public School Choice Act S.B. 788 Amends transportation policies affecting open enrollment students. Authorizes the receiving districts or charters to transport students to a... More... NM Signed into law 03/2011 P-12 School Accountability Ratings S.B. 427 Creates the A-B-C-D-E-F rating system to grade public schools in a way that is easily understandable to parents, school personnel and the co... More... CA Signed into law 09/2010 P-12 Interdistrict Transfer A.B. 2444 From bill analysis: Precludes a pupil enrolled in a school through an interdistrict transfer provision from having to reapply for an interdi... More... NJ Signed into law 09/2010 P-12 Interdistrict Public School Choice Program A.B. 355 Creates the permanent Interdistrict Public School Choice Program. Directs the commissioner to create a program that will allow districts to ... More... CA Emergency Regulations 08/2010 P-12 Open Enrollment Title 5 CCR Sec(s) 4700, 4701, 4702 This emergency rulemaking action establishes the process for determining the 1,000 California open enrollment schools from which students ma... More... TX Adopted 07/2010 P-12 Accreditation Status, Standards, and Sanctions 19 TAC 97.1051, 1053, 1055, 1057, 1059, 1061, 1063, 1064, 1065, 1067, 1069, 1071, 1073 Makes various changes to state accountability provisions. Language below primarily from July 23, 2010 Texas Register. 97.1051: Amends defini... More... LA Signed into law 06/2010 P-12 School Choice Program for Special Needs Students H.B. 216 Establishes a school choice pilot program in certain parishes for certain students with special needs the opportunity to attend schools of t... More... KS Signed into law 05/2010 P-12 Open Enrollment H.B. 2595 Relates to the enrollment in and attendance of pupils that are not residents of a school district, and the providing of transportation for s... More... WI Signed into law 05/2010 P-12 Open Enrollment Admissions Process S.B. 250 Requires a nonresident school district that is a union high school district (a district operating only grades 9 to 12) to give preference to... More... WI Signed into law 05/2010 P-12 Habitual Truants Need Not Be Readmitted Through Open Enrollment S.B. 342 If a pupil attending the school district under open enrollment (OEP) is habitually truant (absent from school without an acceptable excuse f... More... AZ Signed into law 05/2010 P-12 Postsec. Miscellaneous H.B. 2725--Multiple Provisions Exempts private schools approved by the department of education's division of special education prescribed in the pupil's individualized edu... More... ME Signed into law 04/2010 P-12 Race to the Top Legislation--Establishment of Innovate Schools S.B. 706 Enables school administrative units to establish and operate innovative, autonomous public schools that meet the requirements of the federal... More... MA Signed into law 01/2010 P-12 Students Living Outside the Commonwealth S.B. 2247; (NEW BILL) Directs the department of education to study the possibility of allowing students living outside of the commonwealth who are eligible to att... More... CA Signed into law 01/2010 P-12 Open Enrollment S.B. 4E - Open Enrollment Establishes the Open Enrollment Act. Creates new Sections 48350 and ff. of the Education Code, allowing students attending low-achieving sch... More... CA Signed into law 10/2009 P-12 Intradistrict Transfers S.B. 680 Requires any communication made by a school district of choice to parents or guardians to be factually accurate and not target individual pa... More... NH Signed into law 07/2009 P-12 Open Enrollment and Charter Schools H.B. 688 Separates the open enrollment provisions from the chartered public school statute and establishes a new chapter on open enrollment schools. ... More... OH Signed into law 07/2009 P-12 School Funding Advisory Council H.B. 1 - Section 3306.29, 3306.291 and 3306.292 Section 3306.29: Establishes the Ohio school funding advisory council. Directs the council, by December 1, 2010 and every other year thereaf... More... WI Vetoed 06/2009 P-12 Open Enrollment Finance A.B. 75 Line-item veto: Provision would have provided a 10% bonus to districts that would be willing to take in students from outside of their distr... More... WI Vetoed 06/2009 P-12 Open Enrollment A.B. 75 Line-item veto: Provides that no school district located in whole or in part in Milwaukee County may receive more in additional state aid in... More... FL Signed into law 05/2009 P-12 Postsec. Tax Credit Scholarships H.B. 453 Relates to tax credits for contributions to nonprofit scholarship-finding organizations; specifies that upon the request of any eligible non... More... GA Signed into law 05/2009 P-12 Interdistrict Choice H.B. 251 Section 1 Beginning in the 2009-10 school year, allows a K-12 student to enroll in another school in the district other than the one he/she has been a... More... NE Signed into law 02/2009 P-12 Modifies Open Enrollment L.B. 62 Primarily affects the Omaha area. From the fiscal note: LB 62 changes application provisions for a student residing in a learning community ... More... UT Adopted 09/2008 P-12 Open Enrollment R277-437 Rewrites rule addressing open enrollment for public school students. ... More... LA Signed into law 07/2008 P-12 School Choice Options S.B. 447 Allows the parent or legal guardian of a student assigned to attend a school in a Recovery School District the option to enroll their child ... More... CA Signed into law 07/2008 P-12 Open enrollment S.B. 1207 Requires the governing board of a school district to calculate the capacity of the schools in the district for purposes of the open enrollme... More... SC Signed into law 06/2008 P-12 Ability to Transfer Without Penalty H.B. 4758 Provides that any high school student who is the victim of physical abuse, harassment, or stalking by a classmate during school hours or oth... More... MN Signed into law 05/2008 P-12 Interstate Enrollment Options H.B. 1812 Authorizes the commissioner to enter into an agreement with the designated authority from an adjoining state to establish an enrollment opti... More... NE Signed into law 04/2008 P-12 Learning Communities, Telecommunication Services L.B. 1154 From the fiscal note: LB 1154 pertains to learning communities. Section 8 changes the requirements for transportation of students in a learn... More... IA Signed into law 04/2008 P-12 Desegregation and Diversity Plans H.F. 2164 Relates to voluntary diversity or court-ordered school desegregation plans under the state's open enrollment law. Deletes provision that "co... More... MD Signed into law 04/2008 P-12 Attendance Outside Assigned School Boundaries S.B. 77 Requires a superintendent of schools of a county to allow a child to attend a public school in a school attendance area other than the schoo... More... UT Signed into law 03/2008 P-12 Open Enrollment H.B. 349 Modifies provisions allowing students to attend public schools other than their school of residence. Provides for an early and a late enroll... More... UT Adopted 11/2007 P-12 Student Enrollment Options R277-437 Provides for greater flexibility in allowing students to transfer from one school district to another or within the student's resident schoo... More... MA Issued 08/2007 P-12 Postsec. Community College The Readiness Project Executive Order No. 489 Establishes the Readiness Project to develop a plan to implement fundamental and systemic reforms to public education in the Commonwealth ov... More... SC Vetoed 06/2007 P-12 Pilot of Open Enrollment Program H.B. 3124 Provides for a pilot "testing" of a public school open enrollment choice program in the public school system. http://www.scstatehouse.net/se... More... TN Signed into law 06/2007 P-12 Enrollment of Teachers' Children S.B. 1585 Permits children of teachers who live outside of the state to attend a school within the district where the teacher is employed at no tuitio... More... AZ Vetoed 06/2007 P-12 Choice, Desegregation H.B. 2119 Relates to open enrollment for students in schools ordered to desegregate. ... More... NV Signed into law 05/2007 P-12 Scholarship Program for Children in Foster Care S.B. 400 Establishes the Program of School Choice for Children in Foster Care for certain pupils who are in foster care, to be administered by the de... More... AR Signed into law 03/2007 P-12 Choice H.B. 2251 Amends certain provisions of the Public School Choice Act of 1989; provides that any student who accepts a school choice transfer may return... More... ND Signed into law 03/2007 P-12 School District Tuition Amounts H.B. 1281 Relates to school district tuition per student payments; relates to students sent to another district.Specifies that the tuition amount paya... More... SD Signed into law 03/2007 P-12 Interstate Enrollment Agreements H.B. 1236 Allows the Department of Education to enter into enrollment agreements with the State of Iowa. http://legis.state.sd.us/sessions/2007/bills/... More... SD Signed into law 02/2007 P-12 Interstate Enrollment Options H.B. 1038 Removed provision that required students who are not residents of South Dakota to reside in school districts that border South Dakota in ord... More... IA Adopted 02/2007 P-12 Student Assignments May Not Be Based Solely or Primarily on Race IAC 281-17.2(282), 17.6(2), 281-17.14(282), 17.14(1) through 17.14(5) These amendments are in response to the June 28, 2007, decision of the United States Supreme Court that student assignments may not be based... More... IA Signed into law 06/2006 P-12 Open Enrollment Eligibility S.B. 2272 - Section 43 Clarifies that the interdistrict open enrollment program is open to students in grades K-12. http://coolice.legis.state.ia.us/Cool-ICE/defau... More... VT Signed into law 05/2006 P-12 Student and Parent Awareness H.B. 538 Directs the commissioner of education to send annually to each superintendent a list of information that schools must provide to the elector... More... WI Signed into law 12/2005 P-12 Transportation, Open Enrollment S.B. 206 (Act. No. 68) From Legislative Council Memo: Current law, in s. 121.54 (10), Stats., authorizes a school board to provide transportation under the Open En... More... CA Signed into law 08/2005 P-12 Transfers for Children of Military Personnel A.B. 208 Authorizes a school district that accepts interdistrict transfers to give priority for attendance to children of military personnel, if the ... More... IN Signed into law 05/2005 P-12 Tuition Payments for Transfers S.B. 372 Specifies that if a transferor school corporation fails to take action within thirty (30) days after receipt of a transfer tuition request, ... More... AZ Signed into law 05/2005 P-12 Establishment of School Districts in Unorganized Territory S.B. 1199 States that if more than 150 students from a single unorganized territory are attending an adjacent district through open enrollment, the re... More... AR Signed into law 04/2005 P-12 S.B. 1044 (sections 14-15) Repeals provision that notation must be made on a student's transcript to indicate each special education class included on the transcript. ... More... AR Signed into law 04/2005 P-12 Arkansas Public School Choice S.B. 1040 Amends the Arkansas Public School Choice Act of 1989. Requires the department of education to develop a proposed set of rules as the departm... More... AR Signed into law 04/2005 P-12 Public School Facilities Program Act S.B. 593 Establishes the Arkansas Public School Academic Facilities Program Act. Requires the Division of Public School Academic Facilities and Trans... More... KY Signed into law 03/2005 P-12 Nonresident Student Contracts H.B. 197 Relates to nonresident student contracts; allows two local school districts to enter into a nonresident student contract for more than one y... More... CA Vetoed--in Senate to unfinished business 10/2004 P-12 Grant Joint Union High School District S.B. 1271 The California Constitution requires the state to reimburse local agencies and school districts for costs mandated by the state and incurred... More... DE Signed into law 07/2004 P-12 Neighborhood Schools Act of 2000 H.B. 187 Providing parents with a choice among available public schools is an important component to both State and national educational reforms. Thi... More... AR Rule Adoption 06/2004 P-12 Opportunity Public School Choice Act ADE 173 Establishes rules regarding the guidelines, procedures and enforcement of the Arkansas Opportunity Public School Choice Act of 2004. http://... More... IA Adopted 06/2004 P-12 Open Enrollment 281 IAC 17.2 thru .14 (non seq) Codifies open enrollment policies and procedures from the department's guidelines and decisions. http://www.legis.state.ia.us/Rules/2004/iac... More... NH Signed into law 06/2004 P-12 School Choice Committee H.B. 727 Establishes a committee to study the issue of school choice in New Hampshire any issue relating to school choice which it deems relevant. R... More... OK Signed into law 05/2004 P-12 Transfers H.B. 1855 Allows students to apply for further transfers pursuant to the Education Open Transfer Act, particularly on an emergency basis.http://www2.l... More... OK Signed into law 03/2004 P-12 Education Open Transfer Act S.B. 1129 Relates to schools; amends 70 O.S. 2001, Section 8- 101, which relates to the right to transfer; updates statutory language; limits number o... More... CA Signed into law 03/2004 P-12 Open enrollment A.B. 97 Authorizes the governing board of any school district to admit pupils residing in another district to attend any school in that district. Au... More... AR Signed into law 02/2004 P-12 Administratively Consolidated School Districts H.B. 1177 Allows students in administratively consolidated school districts to attend classes and programs in other schools in the district. http://ww... More... AR Signed into law 01/2004 P-12 Student Assessment and Educational Accountability Act of 2004 - Reporting S.B. 33 §§ 1, 4, 5, 6 Amends Ark. Code § 6-15-404, adds 6-15-434, 6-15-1806, 6-15-1901, 6-15-1902, 6-15-1903 .Creates the Student Assessment and Educational Accou... More... AR Signed into law 01/2004 P-12 Arkansas Opportunity Public School Choice Act of 2004 S.B. 33 §§ 6, 7 Adds Ark. Code 6-15-1903, 6-18-227. Students attending schools receiving an annual performance category Level 1 for two consecutive years mu... More... AR Rule Adoption 10/2003 P-12 Arkansas Public School Choice Act ADE 157 Establishes rules governing the guidelines, procedures and enforcement of the Arkansas Public School Choice Act. http://arkedu.state.ar.us/... More... CA Signed into law 09/2003 P-12 Education: School Attendance Requirements S.B. 140 Prohibits a school district from requiring a pupil in kindergarten through grades 6 attending the school pursuant to an interdistrict attend... More... MO Signed into law 07/2003 P-12 Intra-District Student Transfer S.B. 666 Requires school board of each school district with multiple attendance centers containing the same grade levels to, no later than July 1, 20... More... AR Rule Adoption 06/2003 P-12 Public School Choice Act Uncodified Establishes rules regarding guidelines, procedures, and enforcement of the Arkansas Public School Choice Act. http://arkedu.state.ar.us/pdf... More... NE Signed into law 05/2003 P-12 Student Fees, Choice & Participation L.B. 249 The Public Elementary and Secondary Student Fee Authorization Act does not limit the ability of a governing body to request donations of mo... More... IA Signed into law 05/2003 P-12 Desegregation and Funding Concerns in Open Enrollment Program H.B. 549 (omnibus bill) Specifies that the superintendent of a district subject to voluntary or court-ordered desegregation may not deny a request for transfer unde... More... CO Signed into law 04/2003 P-12 Opportunity Contract Pilot Program H.B. 1160 Establishes the "Colorado Opportunity Contract Pilot Program" beginning in the '04-'05 school year, which requires school districts with eig... More... AR Signed into law 04/2003 P-12 Schools Districts and Public School Choice S.B. 242 Requires all school districts to participate in public school choice. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/SB242.pdf... More... NM Signed into law 03/2003 P-12 Open Enrollment (Choice) Section H.B. 212 (Omnibus Bill) Amends Section 22-1-4. Requires boards to adopt and promulgate rules governing enrollment and re-enrollment at public schools other than ch... More... UT Signed into law 03/2003 P-12 Public School Choice Enrollment H.B. 86 Relates to public school choice enrollment by extending the application period for enrollment in a school district located outside a student... More... SD Signed into law 02/2003 P-12 Open Enrollment H.B. 1042 Students (or their families) may apply to a school district other than the resident district or in a school within the resident district oth... More... IA Adopted 01/2003 P-12 Open Enrollment 281 IAC 17.4 Establishes rules conforming to the statute, Iowa Code section 282.18, by clarifying the open enrollment application deadline and clarifying... More... IL Signed into law 06/2002 P-12 NAEP Testing, School Report Cards, Parental Notification of Child Placement in Bilingual Program, Supplemental Aid to Low-Income Districts S.B. 1983 Requires schools that are part of the sample drawn by the National Center for Education Statistics to administer the biennial State academic... More... NH Signed into law 05/2002 P-12 Commission to Study Choice Initiatives H.B. 1281 Establishes a commission to study public educational choice initiatives.... More... IA Signed into law 04/2002 P-12 Numerous Program Changes H.B. 2515 Adds one nonvoting student member to state board, making total board membership 10, provides for application process and appointment of stud... More... IA Signed into law 04/2002 P-12 Various Modifications S.B. 2259 Allows nonresident pupil's participation in extracurricular activities pursuant to a court-ordered decree or order of custody. Modifies tuit... More... SD Signed into law 02/2002 P-12 Open Enrollment Revisions S.B. 87 Prevents students who open enroll into a school district from transferring back to the resident district during the same school year.... More... LA Signed into law 06/2001 P-12 Enrollment in Adjoining School Districts S.B. 1052 Authorizes the enrollment of a pupil in a school system adjoining his districted system when the transportation of the pupil equals or excee... More... MT Signed into law 04/2001 P-12 Tuition and Transportation Payments for Out-of-District Students S.B. 65 Revises the out-of-district tuition laws; eliminates mandatory tuition approval if the resident district provides transportation but is not ... More... AR Signed into law 04/2001 P-12 School Choice Program S.B. 772 Makes several changes to the states school choice program. A public school choice program is established to enable any student to attend a s... More... ND Signed into law 04/2001 P-12 Modifies Open Enrollment Law S.B. 2106 A school district participating in an open enrollment program may not give or offer to give a student remuneration, or directly or indirectl... More... AR Signed into law 03/2001 P-12 Student Transfers for School Attendance. S.B. 892 Changes the rules for student transfer. Stresses the rules requiring students to attend the school district in which their home is located.... More... SD Signed into law 02/2001 P-12 Resident district's fiscal obligation for student enrolled in another district H.B. 1158 Any student who enrolls in another district from a district that does not receive state aid remains the financial obligation of the resident... More... VT Signed into law 06/2000 P-12 Public School Choice in Grades 9-12 S.B. 203 This Act creates a system of public school choice for students in grades 9 through 12 by July 1, 2002. It applies only to school districts ... More... WI Signed into law 05/2000 P-12 Open Enrollment A.B. 367 Relates to school district open enrollment and tuition waivers and payments.... More... WI Signed into law 05/2000 P-12 Restricts Applications for Open Enrollment S.B. 309 Relates to the number of school districts to which a pupil may apply under the open enrollment program.... More... IA Signed into law 05/2000 Postsec. Community College Supplemental Funding for Choice and At-Risk Programs H.B. 2496 Provides supplementary weighting for funding and for determining enrollment in school districts involved in district-to-district or district... More... MN Signed by governor 05/2000 P-12 Districts May Refuse to Open Enroll Student H.B. 3800 Permits a school district to refuse to open enroll a student during the term of his or her expulsion if the student was expelled for: 1) pos... More... DE Signed into law 04/2000 P-12 Neighborhood School Plans H.B. 300 Requires the Brandywine, Colonial, Christina, and Red Clay Consolidated School Districts to develop and implement Neighborhood School Plans ... More... SD Signed into law 02/2000 P-12 Enrollment H.B. 1015 The legislation states that a school district's standards for open enrollment shall be limited to the capacity of a program, class, grade le... More... NJ Signed into law 01/2000 P-12 Open Enrollment S.B. 2171 Creates the Interdistrict Public School Choice Program Act of 1999; appropriates funds for program to establish choice districts which could... More... NJ Signed into law 01/2000 P-12 Representation Under Open Enrollment S.B. 2212 Provides increased representation on receiving district boards of education for certain sending districts.... More...