In recent years, many states strengthened and adopted strong open enrollment laws, making it easier for students to transfer to public schools outside their assigned school district or catchment area. More than 48 million students now live in states with strong open enrollment laws.
In 2024, at least 85 open enrollment proposals were introduced across the country, with three states—Indiana, Nebraska, and Oklahoma—significantly improving their policies. Here are the three most notable open enrollment successes of the year.
- Oklahoma
Oklahoma’s new open enrollment law was the most significant policy win because all school districts must now participate in within-district open enrollment. Gov. Kevin Stitt signed into law House Bill 3386, which ensures that students can transfer to any school with open seats inside their school district. Oklahoma received an A+ grade on Reason Foundation’s annual open enrollment report, ranking the state first nationwide.
In open enrollment policy, the Sooner State falls short in one way: Public school districts are not required to inform rejected transfer applications why they were denied in writing. If Oklahoma codified this provision, it would be the first and only state to get a perfect score in Reason Foundation’s open enrollment report.
- Indiana
Indiana Gov. Eric Holcomb signed into law House Bill 1380, which made public schools free to all students by stopping school districts from charging transfer students tuition. While Indiana school district participation in open enrollment disappointingly remains voluntary, this new provision ensures that the students transfer to schools in other districts for free. This is an important step in the right direction.
While other midwestern states, such as Wisconsin and Iowa, have better open enrollment laws, Indiana could easily improve its law by requiring all school districts to participate in within-district open enrollment and making it more transparent at the district and state levels.
- Nebraska
In Nebraska, Gov. Jim Pillen signed Legislative Bill 1329 into law, letting students transfer up to three times between kindergarten and 12th grade. The law has established a robust appeals process for denied applicants. In particular, the new law requires school districts to inform rejected applicants why they were denied in writing and establishes a non-district appeals process. This latter provision ensures that appeals are decided by an entity other than the district that denied the applicant. These changes are important because they ensure that rejected applicants can appeal their denials through a fair and impartial process.
Nebraska’s open enrollment law received a B grade and ranked 8th overall in Reason’s open enrollment study, surpassing neighboring states, such as South Dakota and Iowa, but still trailing nearby states, such as Kansas and Colorado. The Cornhusker State could improve its law most by requiring all school districts to participate in within-district open enrollment. Such a reform was proposed by state Sen. Beau Ballard (R-Lancaster County), but the bill died in committee.
Other Key Open Enrollment Proposals of 2024
Six other states’ open enrollment proposals stood out in 2024 because they would have vastly improved their open enrollment laws for students and families. Unfortunately, none of these proposals were codified.
Colorado
Colorado State Rep. Lisa Frizell (R-45) introduced House Bill 24-1361, which would have significantly improved open enrollment transparency at the state and district levels by requiring school districts to post their transfer policies, procedures, and available capacity by grade level on their websites. It also would have required the state’s Department of Education to publish key open enrollment data, making the program more transparent to policymakers, taxpayers, and families. Although Gov. Jared Polis noted the importance of open enrollment transparency in the fall of 2023, the bill died in committee.
If codified, this proposal would have increased Colorado’s open enrollment grade from a B to an A in Reason’s open enrollment rankings.
Kentucky
Kentucky State Sen. Stephen West (R-District 27) introduced S.B. 0210, which would have required all school districts to participate in cross- and within-district open enrollment, made the open enrollment process more transparent at the state and district levels, and established a neutral appeals process for rejected applicants. Additionally, it would have prohibited school districts from discriminating against applicants based on their ability or disability and stopped them from charging tuition to cross-district transfers.
If codified, the proposal would have increased Kentucky’s open enrollment ranking from an F to an A+, tying Oklahoma for first place nationwide. Unfortunately, this bill died in committee.
Rhode Island
Rhode Island State Sens. Anthony DeLuca (R-District 29), Lou Raptakis (D-District 33), Thomas Paolino (R-District 17), Gordon Rogers (R-District 21), Jessica de la Cruz (R-District 23), and John Burke (D-District 9) introduced Senate Bill 2053, which would have improved open enrollment transparency and required all school districts to participate in cross-district open enrollment.
If codified, this proposal would have increased Rhode Island’s grade from an F to a C’ in Reason’s open enrollment rankings. The bill died in committee.
Tennessee
Tennessee State Rep. William Slater (R-District 35) introduced House Bill 959, which would have required all districts to participate in cross-district open enrollment and improved transparency and student appeals processes. If codified, this bill would have improved Tennessee’s ranking from an F to a B in Reason’s open enrollment rankings. This proposal died when the session ended.
Virginia
Virginia State Sen. Mark Peake (R-District 8) introduced Senate Bill 552, which would have required all school districts to participate in cross-district open enrollment, made public schools free to all students, and improved district transparency.
If codified, this proposal would have improved Virginia’s score from an F to a C in Reason’s open enrollment report. The bill died in committee.
Conclusion
Most states still have much work to do to improve their open enrollment laws to serve students better. Only 12 states received a grade of A or B on Reason Foundation’s 2024 open enrollment report, but early signs for the 2025 legislative sessions are promising.
Seven of the victors from the 11 gubernatorial races in November’s elections have publicly shown support for public school choice. Moreover, South Carolina Republicans gained a supermajority in the South Carolina Senate, which could mean that open enrollment proposals stalled for years could move forward.
Bipartisan open enrollment reforms in states like Michigan and Minnesota also seem possible, especially since EdChoice-Morning Consult polling from October showed that 73% of parents with school-aged children support open enrollment. These policies ensure that parents can pick the public school that’s the best fit for their children regardless of where they live. Policymakers should make this a reality in 2025.