About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (February 29, 2024)

handle is hein.crs/goveolx0001 and id is 1 raw text is: 





Con   gressionol Research Service
Inlorming the IegisIative debate since 1914


Updated February 29, 2024


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 Enrollmnent Patterns
Based on the most recent data available, enrollment in
public and private elementary and secondary schools and
homeschools  changed during the COVID-19  pandemic.
Prior to the pandemic, public school enrollment was 50.8
million in fall 2019. It fell by 1.4 million (2.8%) to 49.4
million in fall 2020 and remained flat in fall 2021. In fall
2022, there were 49.6 million children enrolled in public
schools. In fall 2019, the number of children enrolled in
private schools was 5.5 million and remained flat in fall
2021. In 2019, 2.8% of students were homeschooled.
According  to Census survey data, this increased to about
5.4%  in spring 2020 and to 11.1% in fall 2020.

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 choice 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, 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 43 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.) As of the 2021-2022 school year, 7,847 charter
schools were in operation, serving 3.7 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 2021-2022
school year, there were 3,015 magnet schools in operation,
serving 2.2 million students.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most