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24 J.L. & Educ. 147 (1995)
Issue 2

handle is hein.journals/jle24 and id is 157 raw text is: Public School Choice and Open Enrollment: Implications for Education, Desegregation, and Equity ANGELA G. SMITH * I. Introduction The idea of choice, broadly definable within the realm of school reform, I seems at first glance to be as simple and all-American as apple pie. This simple ideology has been legislatively translated into nuriherous and varied reform measures. 2 * Director of Academic Advising, Universit of Nebraska-Lincoln Teachers College. LL.M., Harvard Law School (1994); J.D., Creighton, Law School (1988); M.S., University of Nebraska- Omaha (1985); B.A., University of Nebraska-Lincoln (1982). 1. Choice, as a term referring to possibilities in educational reform, has been defined in various ways. Some educators discuss choice strictly in terms of privatization of elementary and secondary schools, Marilyn V. Yarbrough, School Choice'and Racial Balance: Silver Bullet or Poison Dart?, 2 KAN. J.L. & PUB. POLY 25, 26 (1992), defining the concept of choice as empowering parents and students -. . to choose between private and public schools in a market-like arrangement where schools compete for students. Richard W. Campbell & Lawrence R. Hepburn, Educational Choice: Is It Really a Panacea for What Ails American Schools?, 2 KAN. J.L. & PUB. POLY 61, 61 (1992). Others define choice more broadly, concluding that, [in current policy discourse, the term 'choice' refers to education systems in which parents are allowed maximum decisionmaking authority over their children's schooling. Helen Hershkoff & Adam S. Cohen, School Choice and the Lessons of Choctaw County, 10 YALE L. & POL-Y REv. 1, 1 (1992). Because the term is quite sweeping in its definition, it encompasses numerous types of school reform measures, both public and private. 2. Types of choice include intradistrict open enrollment, which allows a student to transfer to a different school within his or her district; interdistrict open enrollment, which allows a student to transfer to a school outside of his or her district; alternative or second chance schools, which allow a student to attend a special, alternative school within the public school system; postsecondary options, which allow a student to enroll in college courses to receive high school credit; charter schools, which allow a student to attend a publicly-sponsored, autonomous school, relatively free from governmental administrative control; scholarship and voucher programs, which allow a stu- dent to attend a-private or n6nresident public school of his or her choice by providing government or private grants to cover part or all of the educational expenses; and tax credits and deductions, which lower the cost of educating a student by providing income tax relief for educational expendi- tures. Issue Brief: Review of, State Choice Legislation, Center for Choice in Education, Office of Intergovernmental and Interagency Affairs, U.S. Dep't of Educ., at 6 (Jan.-Aug. 1992 & Sept.-Dec. 1992 Supp.) (hereinafter Issue BrieP'). See generally TIMoTHY W. YOUNG & EVANS CLINCHY. CHOICE

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