Does state law require public schools to be "open to all"?
No
Does state law mandate "equality of educational opportunity"?
No
Do the courts recognize education as a fundamental right?
Yes—Horton v. Meskill (1977)
State Constitution
Art. 8 § 1.There shall always be free public elementary and secondary schools in the state.The general assembly shall implement this principle by appropriate legislation.
Notes
In Connecticut, attendance zones could be vulnerable to an equal protection challenge and strict scrutiny review, because
Open Enrollment
WITHIN-DISTRICT
Conn. Gen. Stat. § 10-221e grants local and regional school boards the power to establish within- district open enrollment programs at their own discretion:“Under such programs parents may select the public school which their child will attend provided the school is in the school district in which the child
resides.”
CROSS-DISTRICT
Required for certain specified districts. Does not appear that resident district can deny a transfer. Conn. Gen. Stat. § 10-266aa(b).
State Law Establishing Attendance Zones
None found.
State Law Criminalizing Use Of Incorrect Address
None found.
Charter School Admissions
All charter schools are forbidden from discriminating against students based on their residential address and must use a lottery. Conn. Gen. Stat. § 10-66aa.
