Updated December 12, 2022
Overview of Public and Private School Choice Options
School choice generally refers to the opportunity for parents
According to a 2022 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), 46 states, the District of
otherwise attend based on where the family lives. School
Columbia, and Puerto Rico have at least one open
choice is often divided into two major categories—public
enrollment policy—27 states, the District of Columbia, and
school choice and private school choice. Both types of
Puerto Rico have intradistrict enrollment policies and 42
school choice programs have proponents and opponents,
states have interdistrict enrollment policies. Depending on
and both have garnered substantial congressional interest.
the state, the policies may be mandatory, voluntary, or both,
This In Focus provides an overview of the various types of
for LEAs. For example, a state might require mandatory
public and private school choice options that exist and,
intradistrict choice in certain LEAs (e.g., choice for
when applicable, highlights federal programs that directly
students in low-performing schools or LEAs) but allow it to
support choice. It also discusses homeschooling as a school
be voluntary in other LEAs. Alabama, Alaska, Maryland,
choice option. The In Focus does not evaluate the pros and
and North Carolina are the only states that do not have an
cons of each type of school choice option or the myriad
explicit open enrollment policy.
studies supporting or criticizing them.
The Elementary and Secondary Education Act (ESEA)
Current School Attendance Patterns
provides funding for transportation to support intradistrict
Based on data available from the U.S. Department of
school choice. This is one option for serving students
Education (ED), Digest of Education Statistics, there were
attending public schools that have been identified under
over 56 million children enrolled in public and private
ESEA educational accountability requirements as being
elementary and secondary schools during fall 2019. Based
underperforming schools.
on the most recent available data (2016) from the National
Household Education Survey (NHES) on public and private
Charter Schools
elementary and secondary school enrollment, 87.5% of
Charter schools are public school options, and thus do not
students attended public schools—68.8% attended their
charge tuition. Each state’s charter school law asserts the
assigned public school and 18.7% attended a public school
requirements for establishing and operating a charter school
of choice. About 9.2% of the students were enrolled in
in the state, including which entities may serve as charter
private schools. The remaining 3.3% of students were
school authorizers. Students have to apply to a charter
homeschooled.
school to gain admission. Charter schools often use lotteries
to select new students if they have more applicants than
Public School Choice Options
available slots. The schools operate under the terms of a
Public school choice options include intradistrict public
charter agreement that is established between the charter
school choice, interdistrict public school choice, charter
school and its authorizer (e.g., LEA, state-level authority,
schools, and magnet schools. Availability of these options
institution of higher education).
varies across different localities. Families, subject to
financial considerations, also may be able to choose to live
Currently, 45 states and the District of Columbia have
in areas where they want their children to attend schools.
charter school laws. (The states without charter school laws
are Montana, Nebraska, North Dakota, South Dakota, and
Intradistrict and Interdistrict Public School Choice
Vermont.) According to the Digest of Education Statistics,
Many states operate intradistrict and/or interdistrict public
as of the 2019-2020 school year, 7,547 charter schools were
school choice programs, which are often referred to as open
in operation, serving over 3.4 million students.
enrollment policies. Under the intradistrict programs,
The Charter Schools Program authorized by the ESEA
students may choose among some or all of the public
provides funds to eligible entities to support the
schools in a given local educational agency (LEA). Under
development, implementation, and replication of “high-
the interdistrict programs, students may choose among
quality” charter schools and assist with facilities financing.
public schools in different LEAs. Intradistrict and
interdistrict public school programs differ among states
Magnet Schools
based on many factors, including whether the programs are
Magnet schools generally operate as a specialized form of
voluntary or mandated by the state, whether transportation
intradistrict school choice. They are designed to attract a
to the new school is provided, and whether the state sets
more diverse student body from across an LEA. To achieve
priorities for districts to follow in admitting students (e.g.,
this, magnet schools offer programs (e.g., engineering, arts)
sibling preference, preference to students attending low-
that will be attractive to students who live outside of the
performing schools, preference to increase racial, ethnic, or
traditional boundaries of the magnet school. By attracting
economic diversity).
students from across the LEA, it may be possible to alter
the racial composition of a school. During the 2019-2020
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Overview of Public and Private School Choice Options
school year, there were 3,497 magnet schools in operation,
being a low-income student or a student with a disability, to
serving 2.7 million students.
benefit from these scholarships or ESAs.
The ESEA authorizes the Magnet Schools Assistance
Individual state tax credits reduce an individual’s tax
Program, which provides grants to LEAs that are
liability based on educational expenses for household
functioning under a court-ordered desegregation plan or
dependents. Individual state tax deductions provide a
have voluntarily adopted a federally approved
reduction in taxable income based on educational expenses
desegregation plan to establish and operate magnet schools.
for household dependents that is determined prior to the
calculation of tax liability for the household. Individual tax
Private School Choice Options
credits/deductions are available for a variety of purposes,
Some families choose to enroll their children in private
such as tuition, textbooks, and uniforms.
schools by paying out-of-pocket or using funds available
from a 529 plan or Coverdell account. Financial support for
Based on data available in November 2022 from Ed Choice,
private school choice may also be available through
21 states currently offer scholarship tax credits (Alabama,
voucher or scholarship programs, tax credits or deductions,
Arizona, Arkansas, Florida, Georgia, Illinois, Indiana,
or education savings accounts (ESAs). According to Ed
Iowa, Kansas, Louisiana, Montana, Nevada, New
Choice, a school choice advocacy organization, based on
Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island,
data available in November 2022, at least one form of
South Carolina, South Dakota, Utah, and Virginia. The first
private school choice is offered in 32 states, the District of
ESA tax credit programs were launched in 2021, and are
Columbia, and Puerto Rico. This In Focus does not track
currently offered by two states (Kentucky and Missouri). In
whether a program is facing a court challenge.
addition, six states currently offer education tax credits
(Alabama, Illinois, Iowa, Minnesota, Ohio, and South
Vouchers
Carolina) and four states offer education tax deductions
Voucher, or scholarship, programs use public funds to
(Indiana, Louisiana, Minnesota, and Wisconsin).
finance student attendance at private schools. Payments are
made directly from the government to a parent, or to an
State-Funded Education Savings Accounts
institution on behalf of a parent, that are then used to
ESAs were first established in 2011 as a vehicle for
support student attendance at a private school. The majority
providing public funds for educational purposes to eligible
of voucher programs have been implemented at the state or
students. ESAs are state-funded individual accounts that are
local levels. Participation in a voucher program may be
controlled by parents and used to purchase educational
limited to certain students, such as those from low-income
services. Unlike vouchers, which are used specifically to
families, those with disabilities, those attending low-
support private school attendance, ESA funds can generally
performing schools, those residing in an LEA that does not
be used for a variety of education-related expenses, such as
have a public elementary or high school (these situations
tutoring, textbooks, private school tuition and fees, online
are referred to as town tuitioning programs), or those with
courses, or community college courses.
some combination of these or other characteristics. Voucher
To receive an ESA for a child, a student’s parent must agree
programs may also establish minimum standards, such as
not to enroll the child full-time in a public school. In
student testing requirements, that private schools must meet
addition, the student must meet program eligibility
in order to participate in the program. Based on data
requirements, which may be based, for example, on having
available in November 2022 from Ed Choice, 16 states and
a disability or attending a low-performing public school.
Puerto Rico currently operate at least one state or local
The amount of annual funding provided through an ESA
voucher program: Arkansas (1 voucher program), Florida
varies by state but is often tied in some way to funding for
(1), Georgia (1), Indiana (1), Louisiana (2), Maine (1),
public schools (e.g., a percentage of the per pupil revenue
Maryland (1), Mississippi (2), New Hampshire (1), North
for public schools).
Carolina (1), Ohio (5), Oklahoma (1), Puerto Rico (1),
Tennessee (1), Utah (1), Vermont (1), and Wisconsin (4).
According to Ed Choice, eight states currently operate
state-funded ESAs (Arizona, Florida, Indiana, Mississippi,
The only federally funded voucher program is the DC
New Hampshire, North Carolina, Tennessee, and West
Opportunity Scholarship Program (DC OSP). The DC OSP
Virginia), in addition to the two states with tax-credit
is authorized by the Scholarships for Opportunities and
funded ESAs (Kentucky and Missouri).
Results (SOAR) Act, which also authorizes funding for DC
public schools and DC public charter schools. Annual
Homeschooling
appropriations are divided evenly among these three
All 50 states, DC, and Puerto Rico have established
purposes. The DC OSP served 1,852 students in 39 private
homeschool laws. Some states place numerous
schools during the 2021-2022 school year.
requirements (e.g., assessment, attendance) on
Tax Credits/Deductions
homeschooling, while other states have minimal or no
homeschooling requirements. In some states, homeschooled
State tax credits and deductions to support private school
students are able to participate in public online education
education take several forms. State scholarship or ESA tax
options, public school extracurricular or co-curricular
credits reduce a corporation’s or individual’s tax lability for
activities offered during or after school, or public school
donations made to a third-party organization that provides
classes on a part-time basis.
scholarships (i.e., vouchers) or ESAs to eligible students.
States may establish student eligibility criteria, such as
Rebecca R. Skinner, Specialist in Education Policy
Isobel Sorenson, Research Assistant
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Overview of Public and Private School Choice Options

IF10713


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