Does state law require public schools to be "open to all"?
Yes—constitutional
Does state law mandate "equality of educational opportunity"?
No
Do the courts recognize education as a fundamental right?
Yes—Shoftstall v. Hollins (1973)
State Constitution
Art. 11 § 1a.The legislature shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system…. Art. 11 § 6. The legislature shall provide for a system of common schools by which a free school shall be established and maintained in every school district for at least six months in each year, which school shall be open to all pupils between the ages of six and twenty-one years.
Notes
In Arizona, attendance zones could be vulnerable on two legal fronts: (1) a challenge based on the promise in the state constitution that the public schools be “open to all,” and (2) an equal protection challenge with strict scrutiny review, because the AZ Supreme Court has ruled education to be a fundamental right.
Open Enrollment
WITHIN-DISTRICT
According to the Arizona DOE, “Arizona state law allows students to apply for admission to any public school, based on available classroom space.” Open enrollment, both within-district and cross-district, is governed by A.R.S. § 15-816.01.
CROSS-DISTRICT
According to the Arizona DOE, “Arizona state law allows students to apply for admission to any public school, based on available classroom space.” Open enrollment, both within-district and cross-district, is governed by A.R.S. § 15-816.01.
State Law Establishing Attendance Zones
None found.
State Law Criminalizing Use Of Incorrect Address
None found.
Charter School Admissions
Charter schools not allowed use geographic enrollment preferences. § 15-184 establishes that charter schools must admit all students who submit a timely application unless applications exceed capacity, in which case a lottery must be held. Charter schools can give admissions preference to returning students, siblings of students, children in foster care or homeless youth, and children of school employees and the school’s governing board.
