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Updated December 12, 2022

Overview of Public and Private School Choice Options

School choice generally refers to the opportunity for parents
to select an elementary or secondary school for their child
that differs from the assigned school that the child would
otherwise attend based on where the family lives. School
choice is often divided into two major categories-public
school choice and private school choice. Both types of
school choice programs have proponents and opponents,
and both have garnered substantial congressional interest.
This In Focus provides an overview of the various types of
public and private school choice options that exist and,
when applicable, highlights federal programs that directly
support choice. It also discusses homeschooling as a school
choice option. The In Focus does not evaluate the pros and
cons of each type of school choice option or the myriad
studies supporting or criticizing them.
Current School Attendance Patterns
Based on data available from the U.S. Department of
Education (ED), Digest of Education Statistics, there were
over 56 million children enrolled in public and private
elementary and secondary schools during fall 2019. Based
on the most recent available data (2016) from the National
Household Education Survey (NHES) on public and private
elementary and secondary school enrollment, 87.5% of
students attended public schools-68.8% attended their
assigned public school and 18.7% attended a public school
of choice. About 9.2% of the students were enrolled in
private schools. The remaining 3.3% of students were
homeschooled.
Public School Choice Options
Public school choice options include intradistrict public
school choice, interdistrict public school choice, charter
schools, and magnet schools. Availability of these options
varies across different localities. Families, subject to
financial considerations, also may be able to choose to live
in areas where they want their children to attend schools.
Intradistrict and Interdistrict Public School Choice
Many states operate intradistrict and/or interdistrict public
school choice programs, which are often referred to as open
enrollment policies. Under the intradistrict programs,
students may choose among some or all of the public
schools in a given local educational agency (LEA). Under
the interdistrict programs, students may choose among
public schools in different LEAs. Intradistrict and
interdistrict public school programs differ among states
based on many factors, including whether the programs are
voluntary or mandated by the state, whether transportation
to the new school is provided, and whether the state sets
priorities for districts to follow in admitting students (e.g.,
sibling preference, preference to students attending low-
performing schools, preference to increase racial, ethnic, or
economic diversity).

According to a 2022 comparison of state intradistrict and
interdistrict polices conducted by the Education
Commission of the States (ECS), 46 states, the District of
Columbia, and Puerto Rico have at least one open
enrollment policy-27 states, the District of Columbia, and
Puerto Rico have intradistrict enrollment policies and 42
states have interdistrict enrollment policies. Depending on
the state, the policies may be mandatory, voluntary, or both,
for LEAs. For example, a state might require mandatory
intradistrict choice in certain LEAs (e.g., choice for
students in low-performing schools or LEAs) but allow it to
be voluntary in other LEAs. Alabama, Alaska, Maryland,
and North Carolina are the only states that do not have an
explicit open enrollment policy.
The Elementary and Secondary Education Act (ESEA)
provides funding for transportation to support intradistrict
school choice. This is one option for serving students
attending public schools that have been identified under
ESEA educational accountability requirements as being
underperforming schools.
Charter Schools
Charter schools are public school options, and thus do not
charge tuition. Each state's charter school law asserts the
requirements for establishing and operating a charter school
in the state, including which entities may serve as charter
school authorizers. Students have to apply to a charter
school to gain admission. Charter schools often use lotteries
to select new students if they have more applicants than
available slots. The schools operate under the terms of a
charter agreement that is established between the charter
school and its authorizer (e.g., LEA, state-level authority,
institution of higher education).
Currently, 45 states and the District of Columbia have
charter school laws. (The states without charter school laws
are Montana, Nebraska, North Dakota, South Dakota, and
Vermont.) According to the Digest of Education Statistics,
as of the 2019-2020 school year, 7,547 charter schools were
in operation, serving over 3.4 million students.
The Charter Schools Program authorized by the ESEA
provides funds to eligible entities to support the
development, implementation, and replication of high-
quality charter schools and assist with facilities financing.
Magnet Schools
Magnet schools generally operate as a specialized form of
intradistrict school choice. They are designed to attract a
more diverse student body from across an LEA. To achieve
this, magnet schools offer programs (e.g., engineering, arts)
that will be attractive to students who live outside of the
traditional boundaries of the magnet school. By attracting
students from across the LEA, it may be possible to alter
the racial composition of a school. During the 2019-2020

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