Updated April 16, 2019
Overview of Public and Private School Choice Options
School choice generally refers to the opportunity for parents
According to a 2018 comparison of state intradistrict and
to select an elementary or secondary school for their child
interdistrict polices conducted by the Education
that differs from the assigned school that the child would
Commission of the States (ECS), 47 states and the District
otherwise attend based on where s/he lives. School choice is
of Columbia have at least one open enrollment policy—33
often divided into two major categories—public school
states and the District of Columbia (DC) have intradistrict
choice and private school choice. Both types of school
enrollment policies and 43 states have interdistrict
choice programs have proponents and opponents, and both
enrollment policies. Depending on the state, the policies
have garnered substantial congressional interest. This In
may be mandatory, voluntary, or both, for LEAs. For
Focus provides an overview of the various types of public
example, a state might require mandatory intradistrict
and private school choice options that exist and, when
choice in certain LEAs (e.g., choice for students in low-
applicable, highlights federal programs that directly support
performing schools or LEAs) but allow it to be voluntary in
choice. It also discusses homeschooling as a school choice
other LEAs. Alabama, Maryland, and North Carolina are
option. The In Focus does not evaluate the pros and cons of
the only states that do not have open enrollment policies.
each type of school choice option or the myriad studies
The Elementary and Secondary Education Act (ESEA)
supporting or criticizing them.
provides funding for transportation to support intradistrict
Current School Attendance Patterns
school choice for students attending public schools that
Based on data available from the U.S. Department of
have been identified for comprehensive support and
Education (ED), Digest of Education Statistics, there were
improvement under ESEA-required state educational
over 56 million children enrolled in public and private
accountability systems.
elementary and secondary schools during fall 2015. Based
on data for 2106 from the National Household Education
Charter Schools
Survey (NHES) on public and private elementary and
Charter schools are public school options, and thus do not
secondary school enrollment, 87.5% of students attended
charge tuition. Students have to apply to a charter school to
public schools—68.8% attended their assigned public
gain admission. Charter schools often use lotteries to select
school, often based on the neighborhood in which they
new students if they have more applicants than available
lived, and 18.7% attended a public school of choice. About
slots. The schools operate under the terms of a charter
9.2% of the students were enrolled in private schools. The
agreement that is established between the charter school
remaining 3.3% of students were homeschooled.
and its authorizer (e.g., LEA, state-level authority,
institution of higher education).
Public School Choice Options
Public school choice options include intradistrict public
Currently, 44 states and DC have charter school laws, but
school choice, interdistrict public school choice, charter
not all of these states have operating charter schools. (The
schools, and magnet schools. Availability of these options
states without charter school laws are Montana, Nebraska,
varies across different localities. Families, subject to
North Dakota, South Dakota, Vermont, and West Virginia.)
financial considerations, also may be able to choose to live
According to the Digest of Education Statistics, as of the
in areas where they want their children to attend schools.
2015-2016 school year, 6,855 charter schools were in
operation, serving over 2.8 million students. Each state’s
Intradistrict and Interdistrict Public School Choice
charter school law asserts the requirements for establishing
Many states operate intradistrict and/or interdistrict public
and operating a charter school in the state, including which
school choice programs, which are often referred to as open
entities may serve as charter school authorizers.
enrollment policies. Under the intradistrict programs,
The ESEA authorizes three programs to support charter
students may choose among some or all of the public
schools. The Charter Schools Program provides funds to
schools in a given local educational agency (LEA). Under
eligible entities to support the development,
the interdistrict programs, students may choose among
implementation, and replication of “high-quality” charter
public schools in different LEAs; students cross LEA
schools. The other two programs assist charter schools with
boundaries to attend school. Intradistrict and interdistrict
facilities financing.
public school programs differ among states based on many
factors, including whether the programs are voluntary or
Magnet Schools
mandatory, whether transportation to the new school is
Magnet schools generally operate as a specialized form of
provided, and whether the state sets priorities for districts to
intradistrict school choice. They are designed to accomplish
follow in admitting students (e.g., sibling preference,
voluntary desegregation by encouraging the voluntary
preference to students attending low-performing schools,
enrollment of students of different racial backgrounds. To
preference to maintain or increase racial, ethnic, or
achieve this, magnet schools offer programs (e.g., science,
economic diversity).
arts) that will be attractive to students who live outside of
the traditional boundaries of the magnet school. By
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Overview of Public and Private School Choice Options
attracting students from across the LEA, it may be possible
with a disability, to benefit from a scholarship provided
to alter the racial composition of a school. During the 2015-
through scholarship tax credits.
2016 school year, there were 3,237 magnet schools in
operation, serving about 2.6 million students.
Individual state tax credits reduce an individual’s tax
liability based on educational expenses for household
The ESEA authorizes the Magnet Schools Assistance
dependents. Individual state tax deductions provide a
Program, which provides grants to LEAs that are
reduction in taxable income based on educational expenses
functioning under a court-ordered desegregation plan or
for household dependents that is determined prior to the
have voluntarily adopted a federally approved
calculation of tax liability for the household. Individual tax
desegregation plan to establish and operate magnet schools.
credits/deductions are available for a variety of purposes,
such as tuition, textbooks, and uniforms.
Private School Choice Options
Private school choice options include voucher or
Based on data available in April 2019 from ED Choice, 18
scholarship programs, tax credits or deductions, and
states currently offer scholarship tax credits (Alabama,
education savings accounts. According to Ed Choice, a
Arizona, Florida, Georgia, Illinois, Indiana, Iowa, Kansas,
school choice advocacy organization, based on data
Louisiana, Montana, New Hampshire, Nevada, Oklahoma,
available in April 2019 at least one form of private school
Pennsylvania, Rhode Island, South Carolina, South Dakota,
choice is offered in 29 states, the District of Columbia, and
and Virginia). In addition, five states currently offer
Puerto Rico.
education tax credits (Alabama, Iowa, Illinois, Minnesota,
and South Carolina) and four states offer education tax
Vouchers
deductions (Indiana, Louisiana, Minnesota, and Wisconsin).
Voucher, or scholarship, programs use public funds to
finance student attendance at private schools. Payments are
Education Savings Accounts (ESAs)
made directly from the government to a parent, or to an
ESAs are a relatively new vehicle for providing public
institution on behalf of a parent, that are then used to
funds for educational purposes to eligible students. ESAs
support student attendance at a private school. The majority
are state-funded individual accounts that are controlled by
of voucher programs have been implemented at the state or
parents and used to purchase educational services. Unlike
local levels. Participation in a voucher program may be
vouchers, which are used specifically to support private
limited to certain students, such as those from low-income
school attendance, ESA funds can generally be used for a
families, those with disabilities, those attending low-
variety of education-related expenses, such as tutoring,
performing schools, those residing in an LEA that does not
textbooks, private school, or online courses.
have a public elementary or high school (these situations
In order to receive an ESA for a child, a student’s parent
are referred to as town tuitioning programs), or those with
must agree not to enroll the child in a traditional LEA
some combination of these or other characteristics. Voucher
public school or a charter school. In addition, the student
programs may also establish minimum standards, such as
must meet program eligibility requirements, which may be
student testing requirements, that private schools must meet
based, for example, on having a disability, attending a low-
in order to participate in the program. Based on data
performing public school, having a parent on active military
available in April 2019 from Ed Choice, 15 states and
duty, meeting age requirements, or being eligible for other
Puerto Rico currently operate at least one state or local
choice programs. The amount of funding provided through
voucher program, for a total of 26 voucher programs:
an ESA on an annual basis varies by state but is often tied
Arkansas (1 voucher program), Florida (1), Georgia (1),
in some way to funding for public schools (e.g., some
Indiana (1), Louisiana (2), Maine (1), Maryland (1),
percentage of the per pupil revenue for public schools).
Mississippi (2), New Hampshire (1), North Carolina (2),
Ohio (5), Oklahoma (1), Puerto Rico (1), Utah (1), Vermont
Arizona established the first ESA program in 2011. Florida,
(1), and Wisconsin (4).
Mississippi, Nevada, North Carolina, and Tennessee have
also established programs, but Nevada’s program is not
The only federally funded voucher program is the DC
currently funded.
Opportunity Scholarship Program (DC OSP). The DC OSP
is authorized by the Scholarships for Opportunities and
Homeschooling
Results (SOAR) Act, which also authorizes funding for DC
According to ECS, all 50 states and DC have established
public schools and DC public charter schools. Annual
homeschool policies. Some states place numerous
appropriations are divided evenly among these three
requirements (e.g., assessment, attendance) on
purposes. The DC OSP served 1,645 students in private
homeschooling, while other states have minimal or no
schools during the 2018-2019 school year.
homeschooling requirements. In some states, homeschooled
Tax Credits/Deductions
students are able to participate in public online education
options, public school extracurricular or co-curricular
State tax credits and deductions to support private school
activities offered during or after school, or public school
education take several forms. State scholarship tax credits
reduce a corporation’s or individual’s tax lability for
classes on a part-time basis.
donations made to a third-party scholarship granting
Rebecca R. Skinner, Specialist in Education Policy
organization that provides scholarships (i.e., vouchers) to
eligible students. States may establish student eligibility
IF10713
criteria, such as being a low-income student or a student

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Overview of Public and Private School Choice Options



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