The Law

Legislative and Policy Reform

Working with our partner organization ExcelinEd, we are leading a nationwide, nonpartisan effort to reform laws and policies, so that families like yours can have an equal opportunity to enroll in the best public schools.

ExcelinEd recently published four model policies that will make public schools more accessible for American families: (1) the No Boundaries for New Buildings Act, (2) the Make Room Act, (3) the School Near Work Act, and (4) the Parent-Directed Funding Act.  Please reach out to us if you are curious about how these reforms could benefit families in your state.

Enforcing Existing Laws

When enrolling students (and turning others away), public schools and districts must comply with a patchwork of federal and state laws, as well as policies enacted by local school boards or municipalities.  These laws and policies vary quite widely and are inconsistently enforced.

Federal law

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Federal law prohibits public school districts from using a student’s race, color, religion, or national origin to exclude a child from a public school.  Note that the use of race is forbidden even when it is meant to redress longstanding racial segregation and discrimination (PICS v. Seattle School District, 2007).

In addition, a child cannot be excluded from a public school because of his or her immigration status.  And exclusion based on the child’s sex is only possible when the government provides an “exceedingly persuasive justification” and there is a “substantially comparable” institution available to the opposite sex (US v. Virginia, 1996).  Schools that accept federal funding are forbidden from excluding students with disabilities (Section 504 of the Rehabilitation Act of 1973 and Public Law 94-142, 1975).

The federal government permits districts to assign students to schools based on residential address, but only if the following condition is met: No child may be assigned “to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin.” (Equal Educational Opportunities Act of 1974)

State law

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Many states have constitutional provisions that require the public schools to be “open to all” or that guarantee “equal educational opportunity.” When they admit or deny enrollment to potential students, schools and districts must also comply with state statutes that address open enrollment, charter school admissions, and the drawing of attendance zones or district boundaries.

Here is a list of states that explicitly criminalize the use of someone else’s address to enroll your child in a better school.

STATE STATUTE

Arkansas

Ark. Code § 6-18-02

District of Columbia

DC Municipal Regulations § 5-A5012

Illinois

105 Ill. Comp. Stat. § 10-20.12b

Indiana

Ind. Code § 20-33-8-17

Maryland

Md. Code, Ed. Law § 7-101(3)

Massachusetts

Mass. Gen. Laws Title 12 ch. 76 § 5

Michigan

Mich. Comp. Laws § 380.1812

Minnesota

Minn. Stat. § 120A.26

Missouri

Mo. Rev. Stat. § 167.020

New Jersey

N.J. Rev. Stat. 18A § 38-1

North Carolina

N.C. Gen. Stat. § 115C-366(a3)

Oklahoma

Okla. Stat. Title 70 § 1-113

Pennsylvania

24 Pa. Cons. Stat. § 13-130

South Carolina

S.C. Code § 59-63-32

Texas

Tex. Educ. Code Title 2 Sub. B § 25.001 and Pen. Code § 37.10

Virginia

Va. Code § 22.1-264.1

 

Here is a list of states in which (a) traditional public schools are allowed (or required (A/R)) to discriminate against students based on residential address in the district, and (b) charter schools are forbidden from doing so.

STATE ALLOWED /
REQUIRED
TRADITIONAL PUBLIC SCHOOLS CHARTER SCHOOLS
AL A

Ala. Code § 16-6f5(a) (7)

Ala. Code § 16-6f5

AK A

Alaska Stat. § 14.60.010

Alaska Stat. § 14.03.265

AZ A

Ariz. Rev. Stat. § 15-341

Ariz. Rev. Stat. § 15-184

CA R

Cal. Ed. Code § 35160.5(b)

Cal. Ed. Code § 47605+

CO A

Colo. Rev. Stat. § 22-36-101

Colo. Rev. Stat. § 22-30.5-104

CT A

No law found, but implicit

Conn. Gen. Stat. § 10-66aa

DE A

No law found, but implicit

Del. Code Title 14, § 506

DC R

D.C. Mun. Regulations § 28:1-101

D.C. Mun. Regulations §5-e2001

HI R

Haw. Rev. Stat. § 302a-1143

Haw. Rev. Stat.§ 302d34+

IL R

105 Ill. Comp. Stat. § 5/10-21.3

105 Ill. Comp. Stat. § 27a-4*

IN A

Ind. Code § 20-25-4-12

Ind. Code § 20-24-5-5

KY A

No law found, but implicit

Ky. Rev. Stat. § 160.1592+

ME A

Me. Stat.Title 20-a § 1001

Me. Stat.Title 20-a § 1001+

MI A

No law found, but implicit

Mich. Comp. Laws 380.504

MS R

Miss. Code § 37-15-13

Miss. Code § 37-28-23

NV A

Nev. Rev. Stat. § 388.040

Nev. Rev. Stat. § 388a.453

NH A

N.H. Rev. Stat. § 194-d:2

N.H. Rev. Stat. § 194-b:2(iv)

NJ A

No law found, but implicit

N.J. Rev. Stat. § 18a:36a-8

NM R

N.M. Stat. § 22-1-4(e)

N.M. Stat. § 22-8b-4.1

NY A

No law found, but implicit

N.Y. Educ. Law § 2853

NC A

N.C. Gen. Stat. § 115c-47

N.C. Gen. Stat. § 115c-218.45

OH A

Ohio Rev. Code § 3319.01

Ohio Rev. Code § 3314.06

OR A

No law found, but implicit

Ore. Rev. Stat. § 338.125+

PA R

24 Pa. Cons. Stat. § 1310

24 Pa. Cons. Stat. § 1701-51

TN A

Tenn. Code § 49-6-3103

Tenn. Code § 49-13-113+

TX A

Tex. Educ. Code § 25.031

Tex. Educ. Code § 12.117

VA A

Va. Code § 22.1-79

Va. Code § 22.1-212.6

WA A

No law found, but implicit

Wash. Rev. Code §28a.710.050

WI A

Wis. Stat. § 118.51

Wis. Stat. § 118.40

+ Traditional public schools that convert to charter status are required to retain the existing attendance zone and discriminate based on residential address in enrollment decisions.All other charters are forbidden from discriminating against students based on their residential address within the district. Oregon allows charter schools to use an attendance zone if they are replacing a closed district school.

* The Illinois legislature specifically exempts only the Chicago Public Schools from this ban on geographical discrimination:“Priority may be given to pupils residing within the charter school’s attendance boundary, if a boundary has been designated by the board of education in a city having a population exceeding 500,000.”

Click on a state below to see the state laws that govern the enrollment determinations made by public schools and districts:

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC