Does state law require public schools to be "open to all"?
Does state law mandate "equality of educational opportunity"?
Do the courts recognize education as a fundamental right?
Art. 7 § 1.The legislature shall by general law establish and maintain a system of public schools open to all children of the State, and may provide for other public educational institutions.
In Alaska, attendance zones could be vulnerable to a challenge based on the promise in the state constitution that the public schools be “open to all.”
State Law Establishing Attendance Zones
Alaska appears to give the state the ultimate power to determine attendance areas, rather than local districts. Alaska Stat. 14.60.010:“‘attendance area’ means the geographic area designated by the department to be served by a school.”Also see 4 Alaska Administrative Code (aac) 06.027: “The board may establish attendance areas without respect to district lines.”
Alaska’s only open- enrollment statutes relate to transfers of students from persistently dangerous schools. Per 4 AAC 06.210:“A district that contains a school that has been designated persistently dangerous shall (1) within 10 days after the department designates the school, provide all parents of students who attend the school notice that the (A) school has been designated as persistently dangerous; and (B) parent may, within 30 days after the notice is sent, request that the district transfer the student to the parent’s choice of one of two or more safe schools within the district.”
State Law Criminalizing Use Of Incorrect Address
Charter School Admissions
Charter schools are forbidden from discriminating against students based on their residential address.Alaska Stat.14.03.265