The following questions are answered in the attached schoolchoiceguid.doc from MCAS site:
SUMMARY OF MAJOR CHANGES v
INTRODUCTION 1
A. GENERAL INFORMATION 2
A-1. What is the purpose of the public school choice requirement in No Child Left Behind? 2
A-2. Which schools and local educational agencies (LEAs) are required to offer public school choice? 2
A-3. What are the key principles that should form the foundation for a quality public school choice plan? 2
A-4. May an existing choice program, such as an open enrollment program, be modified to accommodate the
Title I public school choice requirement? 3
A-5. What educational choice options are available to students and parents under the Act? 3
A-6. Are State educational agencies (SEAs) subject to any reporting requirements regarding Title I public
school choice? 3
B. TIMING AND DURATION OF CHOICES 4
B-1. For which students is an LEA required to offer public school choice? 4
B-2. When must an LEA make public school choice available to eligible students? 4
B-3. How should year-round schools meet the requirement to offer school choice by the beginning of the
school year? 4
B-4. What is the responsibility of an SEA to ensure that public school choice is available at the start of a
new school year? 5
B-5. If any LEA does not receive from its SEA, prior to the start of the school year, student achievement
results or the list of schools identified for improvement, corrective action, and restructuring,
when must it offer public school choice? 5
B6. How long must an LEA continue to offer students in eligible Title I schools the option to attend
another public school? 5
B-7. How long must students who change schools be allowed to attend the school of their choice? 6
B-8. What opportunities for public school choice must an LEA provide to a student who has changed schools
under the Title I choice provisions and whose new school is subsequently identified as in need of
improvement? 6
B-9. If an eligible student changes schools but, in a subsequent year, moves out of the school attendance
area for his or her original school and no longer lives in the attendance area of a school identified
for improvement (but continues to live in the same school district), must the LEA continue to allow
that student to attend the new school and continue to provide transportation? 6
B-10. What can an LEA do to plan for public school choice even before assessment results and identifications
of schools in need of improvement are available? 7
B-11. May an LEA that is required to offer school choice (but not supplemental educational services) to
students enrolled in a particular school offer those students the opportunity to receive supplemental
educational services? 7
C. ELIGIBLE STUDENTS 8
C-1. Which students are eligible to change schools under the Title I public school choice provisions? 8
C-2. Are students who plan to attend, but are not yet “enrolled” in, a school eligible to take advantage of
the Title I choice provisions? 8
C-3. What does the law mean when it says that the LEA shall “give priority to the lowest achieving children
from low-income families”? 8
C-4. In applying this priority, how does an LEA determine which students are from low-income families? 9
C-5. May LEAs use information from the National School Lunch Program in determining which students are from
low-income families and thus may be eligible for the priority for public school choice? 9
C-6. How may LEAs that operate school lunch programs under Provisions 2 and 3 of the National School Lunch
Act determine which students are from low-income families and thus may be eligible for the priority? 9
C-7. How does an LEA determine which students are “lowest achieving”? 9
C-8. What if a particular student attends a school that has been identified for improvement, but has been
assigned to that school by a court order or for disciplinary reasons? 10
D. NOTIFICATION OF PARENTS 10
D-1. When should parents be notified that their children are eligible for public school choice? 10
D-2. How must an LEA notify parents that their children are eligible for public school choice? 11
D-3. What should parents look for when they are given the option of school choice? 11
D-4. How much time should parents have to consider their options? 12
D-5. What procedures should LEAs establish for enabling parents to communicate their choice of school? 12
D-6. If there are no schools to which students can transfer, must parents still be notified? 12
E. SCHOOLS OF CHOICE 13
E-1. Which schools may be offered to students as transfer options? 13
E-2. May a “virtual school” (a school that offers instruction through distance learning technology) be among
the schools to which eligible students are offered the opportunity to transfer? 13
E-3. How many choices of schools is an LEA required to offer to students? 13
E-4. May specialty schools, such as schools for the performing arts, be offered to students as transfer
options? 13
E-5. May a charter school that admits students using a lottery give priority to eligible students who wish
to transfer to the school under the Title I choice provisions? 14
E-6. When an LEA offers parents multiple choices of schools, who makes the final decision on which school a
child attends, and how is it made? 14
E-7. Must an LEA that believes it does not have the physical capacity within its schools to accept
transferring students implement the Title I public school choice provisions? 14
E-8. If an LEA does not have the physical capacity to offer transfers to all eligible students, how can
it create additional capacity? 15
E-9. What if State laws have the effect of limiting choice? 16
E-10. What if existing local transfer policies prohibit school choice? 16
E-11. What if choice might create health or safety problems? 16
E-13. What if providing the option to transfer to another school within the district is not possible? 17
F. SPECIAL EDUCATION AND CHOICE 17
F-1. What are the responsibilities of the school that receives transfer students with disabilities? 17
F-2. What should parents be aware of in transferring their student? 18
F-3. Must students with disabilities be offered their choice of the same schools as nondisabled students? 18
F-4. Does the movement of a student with disabilities to a school of choice constitute a “change of
placement” under the IDEA? 19
G. DESEGREGATION AND CIVIL RIGHTS ISSUES 19
G-1. Must an LEA provide the option to transfer if the LEA is complying with a desegregation plan? 19
G-2. What if a desegregation plan limits the opportunity for students to transfer? 19
G-3. What if the desegregation plan is a court-ordered plan or a plan entered into with the Department’s
Office for Civil Rights? 19
G-4. How do Federal civil rights laws apply to LEAs implementing public school choice? 20
H. RESPONSIBILITIES OF SCHOOLS RECEIVING TRANSFER STUDENTS 20
H-1. What are the responsibilities of a school that receives transfer students under this program? 20
H-2. May districts prohibit students transferring from a school identified for improvement the opportunity
to participate in interscholastic sports in their new school? 20
I. GENERAL FUNDING ISSUES 20
I-1. Are there any requirements as to how general educational services for transfer students are to be
funded by the LEA? 20
I-2. If a child transfers out of her or his original school, should an LEA include that child (1) in the
count of children used to determine the Title I allocation to the school of residence, or (2) in the
count used to determine the Title I allocation to the school of enrollment? 21
I-3. May Title I funds be used to benefit non-Title I schools that receive students transferring from Title
I schools identified for improvement? 21
I-4. Does special education funding follow a child with disabilities to the school of his or her choice? 21
J. TRANSPORTATION FUNDING AND OTHER TRANSPORTATION ISSUES 21
J-1. Is an LEA required to provide transportation to schools of choice? 21
J-2. What funds may be used by an LEA to pay for choice-related transportation? 22
J-3. How much must an LEA pay to provide choice-related transportation? 22
J-4. If an LEA is not required or is unable to provide supplemental educational services to eligible
students, how much money is it required to spend on choice-related transportation? 23
J-5. If the cost of continuing to provide choice-related transportation to students who exercised the option
to change schools in previous years exceeds 15 percent of an LEA’s Title I, Part A allocation, must
the LEA use an amount equal to at least 5 percent of its allocation to provide supplemental
educational services? 23
J-6. What must an LEA do if funds are not sufficient to provide transportation to all students wishing to
transfer? 23
J-7. Must an LEA reserve a portion of its Title I allocation to pay for choice- related transportation? 24
J-8. What other Federal program dollars may be used to pay for choice-related transportation? 24
J-9. Is an LEA required to pay for transportation for students who have left a school in improvement prior
to the enactment of No Child Left Behind? 24
J-10. If an LEA does not already directly provide for transportation to and from schools, must the district
provide transportation for students choosing to transfer under these provisions? 25
J-11. If an LEA does provide transportation but has a general policy of not providing it to students who live
within a certain distance of their schools, would it have to provide transportation to students who
elect, under the Title I school choice provisions, to transfer to schools that are within that
distance of their homes? 25
J-12. May an LEA establish transportation zones within an LEA based on the geographic location of schools? 25
J-13. Does the Title I “supplement, not supplant” requirement apply to transportation funds? 26