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
Display None
Read more
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
Display None
Read more
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 § 16-6f–5(a) (7) |
Ala. Code § 16-6f–5 |
| 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.§ 302d–34+ |
| 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:
