Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • Fax: 303.296.8332 • www.ecs.org
School Choice State Laws: 50-State Profile


Parental choice of schools is one of today's most controversial education issues. "Choice" as a descriptor takes on several meanings, and narrow use of the word (e.g., assuming that choice equals only open enrollment or vouchers) often confuses the debate. In this document, "choice" is used as a broad descriptor covering many different ideas.


For this report, the following definitions apply:

Open Enrollment

  • “Intradistrict" open enrollment laws allow choice of public schools within district boundaries.

  • “Interdistrict" open enrollment laws allow choice of public schools across district boundaries.

  • "Mandatory” open enrollment laws require districts to allow students to transfer to the school of their choice.

  • "Voluntary" open enrollment laws allow districts to choose whether to allow students to transfer to the school of their choice.

Charter Schools

  • Charter schools are semi-autonomous public schools, founded by educators, parents, community groups or private organizations that operate under a written contract with a state, district or other entity. This contract, or charter, details how the school will be organized and managed, what students will be taught and expected to achieve, and how success will be measured. Many charter schools enjoy freedom from rules and regulations affecting other public schools, as long as they continue to meet terms of their charters. Charter schools can be closed for failing to satisfy these terms.

Voucher

  • A publicly funded voucher is a payment the government makes to a parent, or an institution on a parent’s behalf, to be used for a child's education expenses.

Tax Credits and Tax Deductions

  • A tax credit provides direct reductions to an individual’s tax liability. For example, Jack owes $1,000 in income taxes. He is eligible, however, for a given state’s $500 tax credit. He subtracts the $500 tax credit from the $1,000 tax liability, and now owes $500 in income taxes.

  • A tax deduction is a reduction in taxable income made prior to the calculation of tax liability. For instance, Jill has a taxable income of $100,000. She, however, is eligible for a given state’s $1,500 tax deduction. She subtracts the $1,500 from her income of $100,000, and now has $98,500 in taxable income.

Dual/Concurrent Enrollment

  • Dual/concurrent enrollment laws allow secondary school students to enroll in postsecondary courses and apply course credit at the secondary school, a postsecondary institution or both.

  • "Comprehensive” dual/concurrent enrollment laws meet two or more of the following criteria: students pay minimal or no tuition and fees, both secondary and postsecondary credit is earned for postsecondary courses and few course restrictions exist.

  • "Limited” dual/concurrent enrollment laws meet one or more of the following criteria: students pay tuition costs of postsecondary classes, there are more academic credit restrictions and there are stringent criteria on eligible courses.

Open Enrollment Law(s) Charter School Law(s) Number of charter schools and charter school students Publicly Funded Voucher Law Tax Credit/Tax Deduction Law Dual/Concurrent Enrollment Law
Alabama Alabama has not enacted an open enrollment law. Alabama has not enacted a charter schools law. Alabama has not enacted a charter schools law.
Notes/Citation: New Citation
Alabama has not enacted a publicly funded voucher law. Alabama has not enacted a tax credit/tax deduction law. Alabama has not enacted a dual/concurrent enrollment law.
Alaska Alaska has enacted an intradistrict/mandatory open enrollment regulation. This regulation allows students in low-performing schools, as designated by the state, to attend a different school within their school district.

Citation: 4 AAC 06.855
Alaska has enacted a charter schools law.

Citation: AS 14.03.250 –14.03.290, 4 AAC 33.110
As of January 2003, there were 15 charter schools open in Alaska, serving 2,682 students.

Source: Center for Education Reform
Alaska has not enacted a publicly funded voucher law. Alaska has not enacted a tax credit/tax deduction law. Alaska has enacted a limited dual/concurrent enrollment law.

Citation: AS 14.30.760 –14.30.799
Arizona Arizona has enacted an open enrollment law that contains intradistrict/mandatory and interdistrict/mandatory provisions.

Citation: ARS 15-816 – 15-816.07
Arizona has enacted a charter schools law.

Citation: ARS 15-181 – 15-189.03
As of January 2003, there were 464 charter schools open in Arizona, serving 73,542 students.

Source: Center for Education Reform
Arizona has not enacted a publicly funded voucher law. Arizona has enacted a tax credit law. This law allows taxpayers to claim a nonrefundable tax credit of up to $500 for a cash contribution of up to $500 to a nonprofit organization that distributes scholarships or tuition grants to private and parochial schools that do not discriminate on the basis of several characteristics. It also allows taxpayers to claim a nonrefundable tax credit of up to $200 as reimbursement for fees paid to a public school for extracurricular activities.

Citation: ARS 43-1089 – 43-1089.02
Arizona has enacted a limited dual/concurrent enrollment law.

Citation: ARS 15.701.01
Arkansas Arkansas has enacted an intradistrict/mandatory open enrollment law. It has also enacted an interdistrict/mandatory open enrollment law.

Citation: ASA 6-18-227 (intradistrict/mandatory) ASA 6-18-206 (interdistrict/mandatory)
Arkansas has enacted a charter schools law.

Citation: ASA 6-23-101 – 6-23-601, ADE 27.00
As of January 2003, there were 8 charter schools open in Arkansas, serving 1,486 students.

Source: Center for Education Reform
Arkansas has not enacted a publicly funded voucher law. Arkansas has not enacted a tax credit/tax deduction law. Arkansas has enacted a limited dual/concurrent enrollment law.

Citation: ASA 6-18-223
California California has enacted an intradistrict/mandatory open enrollment law and an interdistrict/voluntary open enrollment law.

Citation: CEC 35160.5 (intradistrict/mandatory) CEC 46600 – 46611(interdistrict/voluntary)
California has enacted a charter schools law.

Citation: CEC 47600 – 47660, CEC 41365 – 41367
As of January 2003, there were 428 charter schools open in California, serving 153,935 students.

Source: Center for Education Reform
California has not enacted a publicly funded voucher law. California has not enacted a tax credit/tax deduction law. California has enacted a comprehensive dual/concurrent enrollment law.

Citation: CEC 48800 - 48802
Colorado Colorado has enacted an open enrollment law with intradistrict/mandatory and interdistrict/mandatory provisions. Colorado has also enacted an open enrollment law with intradistrict/mandatory and interdistrict/voluntary provisions. This law allows low-income students in grades 1-8 in low-performing schools, as designated by the state, to use transportation tokens to attend a different school within their school district or a school within another school district, if the other school district agrees to accept such students.

Citation: CRS 22-36-101 – 22-36-106 (intradistrict/mandatory and interdistrict/mandatory) CRS 22-1-122 (intradistrict/mandatory and interdistrict/voluntary)
Colorado has enacted a charter schools law.

Citation: CRS 22-30.5-101 – 22-30.5-115
As of January 2003, there were 93 charter schools open in Colorado, serving 25,512 students.

Source: Center for Education Reform
Colorado has enacted a publicly funded voucher law. The law applies to 11 school districts that had at least eight schools that were categorized as “low” or “unsatisfactory” in the state’s accountability system for the 2001-02 school year. To be eligible to receive a voucher in these 11 school districts, a student must be eligible to receive a free or reduced-cost lunch. There are also other requirements, depending on a student’s grade level. Eligible students may use a voucher to attend a private school or a parochial school that is participating in the program.

Citation: CRS 22-56-101 – 22-56-110
Colorado has not enacted a tax credit/tax deduction law. Colorado has enacted a comprehensive dual/concurrent enrollment law.

Citation: CRS 22-35-101 – 22-35-111
Connecticut Connecticut has enacted an interdistrict/mandatory open enrollment law. This law applies to every priority school district in the state, as designated by the state, as well as in those school districts in the area of a priority school district, as determined by regional educational service centers. Connecticut has also enacted two other open enrollment laws: one with intradistrict/voluntary provisions and one with intradistrict/voluntary and interdistrict/voluntary provisions.

Citation: CGS 10-266aa (interdistrict/mandatory) CGS 10-221e (intradistrict/voluntary) CGS 10-226h (intradistrict/voluntary and interdistrict/voluntary)
Connecticut has enacted a charter schools law.

Citation: CGS 10-66aa – 10-66gg
As of January 2003, there were 16 charter schools open in Connecticut, serving 2,526 students.

Source: Center for Education Reform
Connecticut has not enacted a publicly funded voucher law. Connecticut has not enacted a tax credit/tax deduction law. Connecticut has enacted a limited dual/concurrent enrollment law.
Delaware Delaware has enacted three open enrollment laws or regulations: one law with intradistrict/mandatory provisions, one law with interdistrict/mandatory provisions and one regulation with intradistrict/mandatory provisions.

Citation: 14 Del. C. 414 (intradistrict/mandatory law) 14 Del. C. 401 – 413 (interdistrict/mandatory) DE ADC 103 6.0 (intradistrict/mandatory regulation)
Delaware has enacted a charter schools law.

Citation: 14 Del. C. 501 - 516
As of January 2003, there were 11 charter schools open in Delaware, serving 5,262 students.

Source: Center for Education Reform
Delaware has not enacted a publicly funded voucher law. Delaware has not enacted a tax credit/tax deduction law. Delaware has enacted a comprehensive dual/concurrent enrollment law.
District of Columbia The District of Columbia has not enacted an open enrollment law. The federal government enacted a charter schools law for the District of Columbia.

Citation: DC ST 38-1701.01 – 38-1702.19, 38-1802.01 – 38-1802.15, 38-1851, 38-2908
As of January 2003, there were 39 charter schools open in the District of Columbia, serving 11,530 students.

Source: Center for Education Reform
The federal government enacted a publicly funded voucher law for the District of Columbia. This program allows students enrolled in District of Columbia public schools to receive vouchers of up to $7,500 to pay the tuition, fees, and transportation expenses at the private or parochial school in the District of Columbia of their choice. It gives priority to low-income students who attended a District of Columbia public school identified for improvement, corrective action or restructuring under the No Child Left Behind Act during the previous school year.

Citation: Title III, Section 301 to Section 313
The District of Columbia has not enacted a tax credit/tax deduction law. The District of Columbia has not enacted a dual/concurrent enrollment law.
Florida Florida has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to use an opportunity scholarship to attend a higher-scoring public school, a private school or a parochial school. Florida has also enacted an interdistrict/voluntary open enrollment law.

Citation: FS 1002.38 (intradistrict/mandatory) FS 1002.31 (interdistrict/voluntary)
Florida has enacted a charter schools law.

Citation: FS 1002.33
As of January 2003, there were 227 charter schools open in Florida, serving 53,350 students.

Source: Center for Education Reform
Florida has enacted two publicly funded voucher laws. One allows students in low-performing schools to use an opportunity scholarship to attend a higher-scoring public school, a private school or a parochial school. The other allows parents of special education students enrolled in public schools who are dissatisfied with the student’s progress to use publicly funded vouchers to attend the private or parochial school of their choice.

Citation: Low-performing schools vouchers program: FS 1002.38;Special education vouchers program: FS 1002.39
Florida has enacted a tax credit law. This law provides a tax credit for corporations that donate money to scholarship funding organizations, who then must use 100% of such contributions for scholarships for children who qualify for the federal free or reduced lunch program. Scholarships may be used to cover tuition or textbook expenses for, or transportation to, an eligible nonpublic school or transportation expenses to a public school that is located outside the district in which the student resides.

Citation: FS 220.187
Florida has enacted a comprehensive dual/concurrent enrollment law.

Citation: FS 1007.27 – 1007.272
Georgia Georgia has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district. Georgia has also enacted an open enrollment law with intradistrict/mandatory and interdistrict/mandatory provisions, along with the accompanying regulations. Georgia has also enacted an interdistrict/voluntary open enrollment law.

Citation: OCGA 20-14-41 (intradistrict/mandatory) OCGA 20-2-294 and 160-5-4-.09 (intradistrict/mandatory and interdistrict/mandatory) OCGA 20-2-293 (interdistrict/voluntary)
Georgia has enacted a charter schools law.

Citation: OCGA 20-2-2060 – 20-2-2071, Sec. 160-4-9-.04
As of January 2003, there were 35 charter schools open in Georgia, serving 15,117 students.

Source: Center for Education Reform
Georgia has not enacted a publicly funded voucher law. Georgia has not enacted a tax credit/tax deduction law. Georgia has enacted a comprehensive dual/concurrent enrollment law.

Citation: OCGA 202-161.1
Hawaii Hawaii has enacted an intradistrict/voluntary open enrollment law.

Citation: HRS 302A-1143
Hawaii has enacted a charter schools law.

Citation: HRS 302A-1181 – 302A-1188
As of January 2003, there were 25 charter schools open in Hawaii, serving 3,301 students.

Source: Center for Education Reform
Hawaii has not enacted a publicly funded voucher law. Hawaii has not enacted a tax credit/tax deduction law. Hawaii has not enacted a dual/concurrent enrollment law.
Idaho Idaho has enacted an intradistrict/mandatory open enrollment regulation. It has also enacted an open enrollment law with intradistrict/mandatory and interdistrict/voluntary provisions.

Citation: IDAPA 08.02.03 (intradistrict/mandatory) IC 33-1401 – 33-1408 (intradistrict/mandatory and interdistrict/voluntary)
Idaho has enacted a charter schools law.

Citation: IC 33-5201 – 33-5212, IDAPA 08.02.4
As of January 2003, there were 13 charter schools open in Idaho, serving 2,694 students.

Source: Center for Education Reform
Idaho has not enacted a publicly funded voucher law. Idaho has not enacted a tax credit/tax deduction law. Idaho has enacted a comprehensive dual/concurrent enrollment law.

Citation: IC 33-5101 – 33-5110
Illinois Illinois has enacted an intradistrict/mandatory open enrollment law.

Citation: 105 ILCS 5/10-21.3a
Illinois has enacted a charter schools law.

Citation: 105 ILCS 5/27a
As of January 2003, there were 29 charter schools open in Illinois, serving 10,309 students.

Source: Center for Education Reform
Illinois has not enacted a publicly funded voucher law. Illinois has enacted a tax credit law. This law grants tax credits to parents of children in public, private or parochial schools. Under the law, parents may reduce their state income tax bill by 25% of whatever they spend for their children’s tuition, books and lab fees. To be eligible for the tax credit, parents must spend at least $250, and the tax credit may not exceed $500 per family.

Citation: 35 ILCS 5/201
Illinois has enacted a limited dual/concurrent enrollment law.
Indiana Indiana has enacted an intradistrict/mandatory open enrollment law. This law allows parents in the Indianapolis school district to choose the school within the school district that their child will attend. Indiana has also enacted an interdistrict/voluntary open enrollment law.

Citation: ICA 20-3.1-4-1 – 20-3.1-4-2 (intradistrict/mandatory) ICA 20-8.1-6.1-2 – 20-3.1-6.1-3 (interdistrict/voluntary)
Indiana has enacted a charter schools law.

Citation: ICA 20-5.5
As of January 2003, there were 10 charter schools open in Indiana, serving 1,275 students.

Source: Center for Education Reform
Indiana has not enacted a publicly funded voucher law. Indiana has not enacted a tax credit/tax deduction law. Indiana has enacted a limited dual/concurrent enrollment law.

Citation: ICA 20-10.1-15
Iowa Iowa has also enacted an interdistrict/mandatory open enrollment law.

Citation: IC 282.18, IAC 281-17
Iowa has enacted a charter schools law.

Citation: IC 256F
As of January 2003, there were 0 charter schools open in Iowa.

Source: Center for Education Reform
Iowa has not enacted a publicly funded voucher law. Iowa has enacted a tax credit law. This law allows parents to claim a tax credit of up to 25% of the first $1,000 for each dependent’s acceptable education expenses.

Citation: IC 422.12
Iowa has enacted a comprehensive dual/concurrent enrollment law.

Citation: IC 247.43
Kansas Kansas has enacted an interdistrict/voluntary open enrollment law.

Citation: KSA 72-8233
Kansas has enacted a charter schools law.

Citation: KSA 72-1903 – 72-1911
As of January 2003, there were 30 charter schools open in Kansas, serving 2,568 students.

Source: Center for Education Reform
Kansas has not enacted a publicly funded voucher law. Kansas has not enacted a tax credit/tax deduction law. Kansas has enacted a limited dual/concurrent enrollment law.

Citation: KSA 72-11a01 – 72-11a-05
Kentucky Kentucky has enacted an open enrollment regulation with intradistrict/mandatory and interdistrict/mandatory provisions. This regulation allows students in low-performing schools, as designated by the state, to attend a different school within their school district or a school within another school district.

Citation: 703 KAR 5:120
Kentucky has not enacted a charter schools law. Kentucky has not enacted a charter schools law. Kentucky has not enacted a publicly funded voucher law. Kentucky has not enacted a tax credit/tax deduction law. Kentucky has enacted a limited dual/concurrent enrollment law.
Louisiana Louisiana has enacted an open enrollment regulation with intradistrict/mandatory provisions and interdistrict/mandatory provisions. This regulation allows students in low-performing schools, as designated by the state, to attend a different school within their school district or a school within another school district. Louisiana has also enacted an interdistrict/voluntary open enrollment law.

Citation: 2006.11 (intradistrict/mandatory and interdistrict/mandatory) LRS 17:105 (interdistrict/voluntary)
Louisiana has enacted a charter schools law. As of January 2003, there were 20 charter schools open in Louisiana, serving 4,631 students. Louisiana has not enacted a publicly funded voucher law. Louisiana has not enacted a tax credit/tax deduction law. Louisiana has enacted a limited dual/concurrent enrollment law.
Maine Maine has enacted an interdistrict/voluntary open enrollment law.

Citation: MRSA 20-A-5203-20-A-5205
Maine has not enacted a charter schools law. Maine has not enacted a charter schools law. Maine has enacted a publicly funded voucher law. If no public school exists to serve students in a school district, the state allows the school district to send students to private schools and pay their tuition. However, school districts cannot send students to parochial schools.

Citation: MRSA 20-A-2951 to 20-A-2955, 20-A-5203 to 20-A-5204, 20-A-5804, 20-A-5806
Maine has not enacted a tax credit/tax deduction law. Maine has enacted a comprehensive dual/concurrent enrollment law.

Citation: MRSA 20-A-4751–20-A-4760
Maryland Maryland has not enacted an open enrollment law. Maryland has enacted a charter schools law.

Citation: MECA 9-101 – 9-110
As of January 2003, there were 0 charter schools open in Maryland.

Source: Center for Education Reform
Maryland has not enacted a publicly funded voucher law. Maryland has not enacted a tax credit/tax deduction law. Maryland has enacted a limited dual/concurrent enrollment law.
Massachusetts Massachusetts has enacted an intradistrict/mandatory open enrollment law and three interdistrict/voluntary open enrollment laws.

Citation: MAL 71-37D (intradistrict/mandatory) MAL 76-12 (interdistrict/voluntary) MAL 76-12A (interdistrict/voluntary) MAL 76-12B – 76-12C (interdistrict/voluntary)
Massachusetts has enacted a charter schools law.

Citation: MAL 71-89
As of January 2003, there were 46 charter schools open in Massachusetts, serving 14,013 students.

Source: Center for Education Reform
Massachusetts has not enacted a publicly funded voucher law. Massachusetts has not enacted a tax credit/tax deduction law. Massachusetts has enacted a comprehensive dual/concurrent enrollment law.

Citation: MAL 15A-39
Michigan Michigan has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district. Michigan has also enacted two interdistrict/voluntary open enrollment laws.

Citation: MCL 380.1280 (intradistrict/mandatory) MCL 380.140 (interdistrict/voluntary) MCL 388.1705 - 388.1705c (interdistrict/voluntary)
Michigan has enacted a charter schools law.

Citation: MCL 380.501 – 380.507
As of January 2003, there were 196 charter schools open in Michigan, serving 60,236 students.

Source: Center for Education Reform
Michigan has not enacted a publicly funded voucher law. Michigan has not enacted a tax credit/tax deduction law. Michigan has enacted a comprehensive dual/concurrent enrollment law.

Citation: MCL 388.511 – 388.524
Minnesota Minnesota has enacted an interdistrict/mandatory open enrollment law.

Citation: MS 124D.03
Minnesota has enacted a charter schools law.

Citation: MS 124D.10 – 124D.11
As of January 2003, there were 87 charter schools open in Minnesota, serving 12,269 students.

Source: Center for Education Reform
Minnesota has not enacted a publicly funded voucher law. Minnesota has enacted a tax credit/tax deduction law. This law permits a tax deduction worth up to $1,625 for elementary school expenses and up to $2,500 for secondary school expenses. This law also permits a refundable tax credit equal to 75% of eligible education-related expenses for a child in kindergarten through the 12th grade, worth up to $1,000 per student or $2,000 per family for families with incomes under $33,500. The maximum credit per child is reduced by $1.00 for each $4.00 of household income over $33,500, and the maximum credit per family is reduced by $2.00 for each $4.00 of household income over $33,500, but in no case is the credit less than zero. No credit is allowed for education-related expenses for claimants with income greater than $37,500.

Citation: MS 290.01, 290.0674
Minnesota has enacted a comprehensive dual/concurrent enrollment law.

Citation: MS 124D.09
Mississippi Mississippi has enacted an interdistrict/mandatory open enrollment law.

Citation: MCA 37-15-31
Mississippi has enacted a charter schools law.

Citation: MCA 37-28-1 – 37-28-21
As of January 2003, there was 1 charter school open in Mississippi, serving 334 students.

Source: Center for Education Reform
Mississippi has not enacted a publicly funded voucher law. Mississippi has not enacted a tax credit/tax deduction law. Mississippi has enacted a comprehensive dual/concurrent enrollment law.

Citation: MCA 37-29-1
Missouri Missouri has enacted an interdistrict/mandatory open enrollment law. This law allows students in districts that do not maintain an accredited school, as designated by the state, to attend a school within another school district in the same county or in an adjoining county. Missouri has also enacted three interdistrict/voluntary open enrollment laws. One of these laws allow students to attend a school in another school district, if the other school district agrees to accept such students, although it does not apply to any district in a county of the first classification having a charter form of government or to any district within the city of St. Louis. Another one of these laws allow students in the St. Louis metropolitan area to attend another school district in the area, if the other school district agrees to accept such students.

Citation: MRS 167.131 (interdistrict/mandatory) MRS 162.1040 – 162.1059 (interdistrict/voluntary) MRS 162.1060 (interdistrict/voluntary) MRS 167.151 (interdistirct/voluntary)
Missouri has enacted a charter schools law.

Citation: MRS 167.349 – 167.420
As of January 2003, there were 26 charter schools open in Missouri, serving 12,130 students.

Source: Center for Education Reform
Missouri has not enacted a publicly funded voucher law. Missouri has not enacted a tax credit/tax deduction law. Missouri has enacted a limited dual/concurrent enrollment law.
Montana Montana has enacted an interdistrict/voluntary open enrollment law and an interdistrict/mandatory open enrollment law.

Citation: MCA 20-5-320, 20-5-322 - 20-5-324 (interdistrict/voluntary) MCA 20-5-321 – 20-5-324 (interdistrict/mandatory)
Montana has not enacted a charter schools law. Montana has not enacted a charter schools law. Montana has not enacted a publicly funded voucher law. Montana has not enacted a tax credit/tax deduction law. Montana has enacted a limited dual/concurrent enrollment law.
Nebraska Nebraska has enacted an interdistrict/mandatory open enrollment law.

Citation: NRS 79-232 – 79-246
Nebraska has not enacted a charter schools law. Nebraska has not enacted a charter schools law. Nebraska has not enacted a publicly funded voucher law. Nebraska has not enacted a tax credit/tax deduction law. Nebraska has enacted a limited dual/concurrent enrollment law.
Nevada Nevada has enacted an intradistrict/mandatory open enrollment law and an interdistrict/voluntary open enrollment law.

Citation: S.B. 1 in 2003 Session (intradistrict/mandatory) NRS 392.010 (interdistrict/voluntary)
Nevada has enacted a charter schools law.

Citation: NRS 386.500 – 386.610
As of January 2003, there were 13 charter schools open in Nevada, serving 2,851 students.

Source: Center for Education Reform
Nevada has not enacted a publicly funded voucher law. Nevada has not enacted a tax credit/tax deduction law. Nevada has enacted a limited dual/concurrent enrollment law.

Citation: NRS 389.160
New Hampshire New Hampshire has enacted an open enrollment law that contains intradistrict/voluntary provisions and interdistrict/voluntary provisions.

Citation: NHRSA 194-B:1 - 194-B:22
New Hampshire has enacted a charter schools law.

Citation: NHRSA 194-B:1 - 194-B:22
As of January 2003, there were 0 charter schools open in New Hampshire.

Source: Center for Education Reform
New Hampshire has not enacted a publicly funded voucher law. New Hampshire has not enacted a tax credit/tax deduction law. New Hampshire has enacted a limited dual/concurrent enrollment law.
New Jersey New Jersey has enacted two interdistrict/voluntary open enrollment laws.

Citation: NJSA 18A:36B-1 – 18A:36B-17 (interdistrict/voluntary) NJSA 18A:38-3 (interdistrict/voluntary)
New Jersey has enacted a charter schools law.

Citation: NJSA 18A:36A
As of January 2003, there were 56 charter schools open in New Jersey, serving 18,081 students.

Source: Center for Education Reform
New Jersey has not enacted a publicly funded voucher law. New Jersey has not enacted a tax credit/tax deduction law. New Jersey has enacted a comprehensive dual/concurrent enrollment law.

Citation: NJSA 18A:61C
New Mexico New Mexico has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district. New Mexico has also enacted an open enrollment law that contains intradistrict/voluntary provisions and interdistrict/voluntary provisions.

Citation: NMSA 22-1-4, 22-2A-7 (intradistrict/mandatory) NMSA 22-12-5 (intradistrict/voluntary and interdistict/voluntary)
New Mexico has enacted a charter schools law.

Citation: NMSA 22-8B-1 – 22-8B-15
As of January 2003, there were 28 charter schools open in New Mexico, serving 4,234 students.

Source: Center for Education Reform
New Mexico has not enacted a publicly funded voucher law. New Mexico has not enacted a tax credit/tax deduction law. New Mexico has enacted a comprehensive dual/concurrent enrollment law.
New York New York has enacted an intradistrict/mandatory open enrollment regulation. This regulation allows students in low-performing schools, as designated by the state, to attend a different school within their school district. New York has also enacted an interdistrict/voluntary open enrollment law.

Citation: NYCRR 100.2 (p), 120.3 (intradistrict/mandatory) NYCLS 3202 (interdistrict/voluntary)
New York has enacted a charter schools law.

Citation: NYCLS 2850 – 2857, 97-sss
As of January 2003, there were 38 charter schools open in New York, serving 10,954 students.

Source: Center for Education Reform
New York has not enacted a publicly funded voucher law. New York has not enacted a tax credit/tax deduction law. New York has enacted a limited dual/concurrent enrollment law.

Citation: NYCRR 52.1 (3)
North Carolina North Carolina has not enacted an open enrollment law. North Carolina has enacted a charter schools law.

Citation: NCSG 115C.238.29A – 115C.238.29K
As of January 2003, there were 93 charter schools open in North Carolina, serving 21,030 students.

Source: Center for Education Reform
North Carolina has not enacted a publicly funded voucher law. North Carolina has not enacted a tax credit/tax deduction law. North Carolina has enacted a comprehensive dual/concurrent enrollment law.

Citation: NCSG 115D.20
North Dakota North Dakota has enacted an interdistrict/voluntary open enrollment law.

Citation: NDCC 15.1-31-01 – 15.1-31-07
North Dakota has not enacted a charter schools law. North Dakota has not enacted a charter schools law. North Dakota has not enacted a publicly funded voucher law. North Dakota has not enacted a tax credit/tax deduction law. North Dakota has enacted a limited dual/concurrent enrollment law.

Citation: NDCC 28-32-01
Ohio Ohio has enacted two intradistrict/mandatory open enrollment laws. One of these laws allows students in low-performing schools, as designated by the state, to attend a different school within their school district. Ohio has also enacted an interdistrict/voluntary open enrollment law.

Citation: ORCA 3302.04 (intradistrict/mandatory) ORCA 3313.97e (intradistrict/mandatory) ORCA 3313.98 - 3313.981 (interdistrict/voluntary)
Ohio has enacted a charter schools law.

Citation: ORCA 3314
As of January 2003, there were 131 charter schools open in Ohio, serving 28,446 students.

Source: Center for Education Reform
Ohio has enacted a publicly funded voucher law. This law allows students in Cleveland to use scholarships to attend the public, private or parochial school of their choice.

Citation: ORCS 3313.974 – 3313.975
Ohio has not enacted a tax credit/tax deduction law. Ohio has enacted a comprehensive dual/concurrent enrollment law.

Citation: ORCA 3365.01-3365.02
Oklahoma Oklahoma has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district. Oklahoma has also enacted an interdistrict/mandatory open enrollment law.

Citation: 70 OS 1210.541 and 210:10-13-18 (intradistrict/mandatory) 70 OS 8-101.1 – 8-112 (interdistrict/mandatory)
Oklahoma has enacted a charter schools law.

Citation: 70 OS 3-130 – 3-152
As of January 2003, there were 10 charter schools open in Oklahoma, serving 2,197 students.

Source: Center for Education Reform
Oklahoma has not enacted a publicly funded voucher law. Oklahoma has not enacted a tax credit/tax deduction law. Oklahoma has enacted a limited dual/concurrent enrollment law.
Oregon Oregon has enacted two interdistrict/voluntary open enrollment laws.

Citation: ORS 339.125 (interdistrict/voluntary) ORS 339.133 (interdistrict/voluntary)
Oregon has enacted a charter schools law.

Citation: ORS 338.005 – 338.185
As of January 2003, there were 25 charter schools open in Oregon, serving 2,107 students.

Source: Center for Education Reform
Oregon has not enacted a publicly funded voucher law. Oregon has not enacted a tax credit/tax deduction law. Oregon has enacted a comprehensive dual/concurrent enrollment law.

Citation: OAR 581-043-0510
Pennsylvania Pennsylvania has enacted an interdistrict/voluntary open enrollment law.

Citation: 24 PS 13-1316
Pennsylvania has enacted a charter schools law.

Citation: 24 PS 17-1701-A – 17-1751-A
As of January 2003, there were 91 charter schools open in Pennsylvania, serving 33,656 students.

Source: Center for Education Reform
Pennsylvania has not enacted a publicly funded voucher law. Pennsylvania has enacted a tax credit law. This law creates an educational improvement tax credit for corporations that donate money to educational improvement organizations or scholarship organizations. Educational improvement organizations must contribute at least 80% of their annual receipts as grants to public schools for innovative educational programs. Scholarship organizations must contribute at least 80% of their annual receipts to scholarship programs that will distribute these donations in the form of scholarships to public and nonpublic school children to attend the school of their choice.

Citation: 24 PS 2001-B – 2008-B
Pennsylvania has enacted a limited dual/concurrent enrollment law.
Rhode Island Rhode Island has enacted an interdistrict/voluntary open enrollment law.

Citation: RIGL 16-2-19
Rhode Island has enacted a charter schools law.

Citation: RIGL 16-77-1 – 16-77-11
As of January 2003, there were 7 charter schools open in Rhode Island, serving 914 students.

Source: Center for Education Reform
Rhode Island has not enacted a publicly funded voucher law. Rhode Island has not enacted a tax credit/tax deduction law. Rhode Island has enacted a limited dual/concurrent enrollment law.
South Carolina South Carolina has enacted two interdistrict/voluntary open enrollment laws.

Citation: SCCA 59-63-45 (interdistrict/voluntary) SCCA 59-63-490(interdistrict/voluntary)
South Carolina has enacted a charter schools law.

Citation: SCCA 59-40-10 – 59-40-210
As of January 2003, there were 13 charter schools open in South Carolina, serving 1,235 students.

Source: Center for Education Reform
South Carolina has not enacted a publicly funded voucher law. South Carolina has not enacted a tax credit/tax deduction law. South Carolina has enacted a limited dual/concurrent enrollment law.
South Dakota South Dakota has enacted an open enrollment law that contains intradistrict/mandatory provisions and interdistrict/mandatory provisions. It has also enacted an interdistrict/mandatory open enrollment law.

Citation: SDCL 13-28-30 – 13-28-49 (intradistrict/mandatory and interdistrict/mandatory) SDCL 13-28-21 – 13-28-23 (interdistrict/mandatory)
South Dakota has not enacted a charter schools law. South Dakota has not enacted a charter schools law. South Dakota has not enacted a publicly funded voucher law. South Dakota has not enacted a tax credit/tax deduction law. South Dakota has enacted a limited dual/concurrent enrollment law.
Tennessee Tennessee has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district. Tennessee has also enacted an open enrollment law that contains intradistrict/voluntary and interdistrict/voluntary provisions.

Citation: TCA 49-1-602 (intradistrict/mandatory) TCA 49-6-3104 – 49-6-3105 (intradistrict/voluntary and interdistrict/voluntary)
Tennessee has enacted a charter schools law.

Citation: TCA 49-13-101 – 49-13-127
As of January 2003, there were 0 charter schools open in Tennessee.
Source: Center for Education Reform
Tennessee has not enacted a publicly funded voucher law. Tennessee has not enacted a tax credit/tax deduction law. Tennessee has enacted a limited dual/concurrent enrollment law.

Citation: TCA 49-6-3111
Texas Texas has enacted an open enrollment law that contains intradistrict/mandatory and interdistrict/voluntary provisions. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district or a school within another school district, if the other school district agrees to accept such students. Texas has also enacted an intradistrict/voluntary open enrollment law and an interdistrict/voluntary open enrollment law.

Citation: TEC 29.201 – 29.204 (intradistrict/mandatory and interdistrict/voluntary) TEC 25.031 – 25.034 (intradistrict/voluntary) TEC 25.035 – 25.039 (interdistrict/voluntary)
Texas has enacted a charter schools law.

Citation: TEC 12.001 – 12.156
As of January 2003, there were 221 charter schools open in Texas, serving 60,652 students.

Source: Center for Education Reform
Texas has not enacted a publicly funded voucher law. Texas has not enacted a tax credit/tax deduction law. Texas has enacted a limited dual/concurrent enrollment law.
Utah Utah has enacted an intradistrict/mandatory open enrollment law. It has also enacted an interdistrict/mandatory open enrollment law.

Citation: UCA 53A-2-213 (intradistrict/mandatory) UCA 53A-2-207 – 53A-2-212 (interdistrict/mandatory)
Utah has enacted a charter schools law.

Citation: UCA 53A-1a-501 – 53A-1a-514
As of January 2003, there were 12 charter schools open in Utah, serving 1,259 students.

Source: Center for Education Reform
Utah has not enacted a publicly funded voucher law. Utah has not enacted a tax credit/tax deduction law. Utah has enacted a comprehensive dual/concurrent enrollment law.

Citation: UCA 53A-15-101
Vermont Vermont has enacted an interdistrict/voluntary open enrollment law.

Citation: VSA 16-1093 (interdistrict/voluntary)
Vermont has not enacted a charter schools law. Vermont has not enacted a charter schools law. Vermont has enacted a publicly funded voucher law. This law allows students who reside in towns without public schools to attend public or approved independent schools selected by their parents and located either within or outside of Vermont. Their hometown school board must pay the full tuition charged by a public school, but may only have to pay a portion of the tuition at an independent school.

Citation: VSA 16-166 and 16-821 – 16-836
Vermont has not enacted a tax credit/tax deduction law. Vermont has enacted a limited dual/concurrent enrollment law.
Virginia Virginia has not enacted an open enrollment law. Virginia has enacted a charter schools law.

Citation: VS 22.1-212.5 – 22.1-212.16
As of January 2003, there were 8 charter schools open in Virginia, serving 1,440 students.

Source: Center for Education Reform
Virginia has not enacted a publicly funded voucher law. Virginia has not enacted a tax credit/tax deduction law. Virginia has not enacted a dual/concurrent enrollment law.
Washington Washington has enacted an intradistrict/mandatory open enrollment law and an interdistrict/mandatory open enrollment law.

Citation: RCW 28A.225.270 (intradistrict/mandatory) RCW 28A.225.220 – 28A.225.240, 28A.225.280 – 28A.225.310 (interdistrict/mandatory)
Washington has enacted a charter schools law.

Citation: HB 2295 (2004 Session)
There are 0 charter schools open in Washington. Washington has not enacted a publicly funded voucher law. Washington has not enacted a tax credit/tax deduction law. Washington has enacted a comprehensive dual/concurrent enrollment law.
West Virginia West Virginia has enacted an intradistrict/mandatory open enrollment law. This law allows students in low-performing schools, as designated by the state, to attend a different school within their school district. West Virginia has also enacted an intradistrict/voluntary open enrollment law and an interdistrict/voluntary open enrollment law.

Citation: WVC 18-2E-5k (intradistrict/mandatory) WVC 18-5-16 (intradistrict/voluntary) WVC 18-5-16a (interdistrict/voluntary)
West Virginia has not enacted a charter schools law. West Virginia has not enacted a charter schools law. West Virginia has not enacted a publicly funded voucher law. West Virginia has not enacted a tax credit/tax deduction law. West Virginia has enacted a comprehensive dual/concurrent enrollment law.
Wisconsin Wisconsin has enacted an open enrollment law that contains intradistrict/voluntary provisions and interdistrict/voluntary provisions. It has also enacted an interdistrict/mandatory open enrollment law.

Citation: WS 121.85 (intradistrict/voluntary and interdistrict/voluntary) WS 118.51, 118.52, 121.58 (interdistrict/mandatory)
Wisconsin has enacted a charter schools law.

Citation: WS 118.40
As of January 2003, there were 130 charter schools open in Wisconsin, serving 26,797 students.

Source: Center for Education Reform
Wisconsin has enacted a publicly funded voucher law. This law allows low-income students in Milwaukee to use a publicly funded voucher to attend the private or parochial school of their choice.

Citation: WS 119.23
Wisconsin has not enacted a tax credit/tax deduction law. Wisconsin has enacted a comprehensive dual/concurrent enrollment law.
Wyoming Wyoming has enacted an interdistrict/voluntary open enrollment law.

Citation: WS 21-4-502
Wyoming has enacted a charter schools law.

Citation: WS 21-3-301 – 21-3-314
As of January 2003, there was 1 charter school open in Wyoming, serving 110 students.

Source: Center for Education Reform
Wyoming has not enacted a publicly funded voucher law. Wyoming has not enacted a tax credit/tax deduction law. Wyoming has enacted a limited dual/concurrent enrollment law.

Citation: WS 21-20-201
American Samoa
Puerto Rico Puerto Rico has enacted an open enrollment law with intradistrict/mandatory provisions and interdistrict/mandatory provisions.

Citation: 18 LRPA 911-911n
Puerto Rico has enacted a charter schools law.

Citation: 18 LRPA 2501 – 2585
The number of charter schools in Puerto Rico is not available. Puerto Rico has not enacted a publicly funded voucher law. Puerto Rico has enacted a tax credit law. This law established the "Educational Foundation for the Free Selection of Schools, Inc," a nonprofit corporation that provides financial aid for elementary and high school students in public, private or parochial schools. The program makes Individual and institutional donors eligible for a tax credit for their donations to the Educational Foundation.

Citation: 18 LRPA 913 – 913j
Puerto Rico has enacted a limited dual/concurrent enrollment law.

Citation: 18 LRPA 911 – 911n
Virgin Islands

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