Federal

Choice Option of U.S. Law Used, Report Finds

By Caroline Hendrie — May 19, 2004 3 min read
  • Save to favorites
  • Print

More families are benefiting from the school choice mandates of the No Child Left Behind Act than is generally recognized, despite the highly uneven response to the transfer requirements from school districts and states, a report released last week concludes.

The report concludes that the federal requirement that students in underperforming public schools be given the choice to attend higher-achieving ones is offering “an immediate benefit” to thousands of low-income and minority students while contributing to “racial, ethnic, and economic desegregation.” It was released by the Citizens’ Commission on Civil Rights, a Washington watchdog group that monitors enforcement of federal civil rights laws.

“Choosing Better Schools: A Report on Student Transfers Under the No Child Left Behind Act,” from the Citizens’ Commission on Civil Rights. (Requires Adobe’s Acrobat Reader.)

Yet the commission also recommends a series of changes both to the law and how it is enforced. Congress should require states and districts to ensure that children from schools deemed “in need of improvement” under the law can cross district lines to enroll in better schools, the report says.

The existing policy of requiring districts to pursue interdistrict transfer agreements if they lack enough solidly achieving schools is “the least efficacious NCLB choice requirement,” it says.

Little Help from States

“The impact of this flabby policy is severe because in a great many cases, school districts with large numbers of low-performing schools are surrounded by more affluent districts with high-performing schools,” argues the report, which was written chiefly by Cynthia G. Brown, a consultant who served for 15 years as the director of educational equity for the Washington- based Council of Chief State School Officers.

See Also...

See the accompanying table, “Integration and Student Transfers.”

The commission concluded that most states ranked the choice provisions as a low priority and did little to help districts carry them out effectively. And while it cites some districts that it believes are doing an exemplary job of complying with the law, the commission strongly criticizes others for discouraging transfers.

For example, some districts have gone so far as to violate the law’s requirement that they provide transportation for transfers, the report says.

Still, the commission concludes in its 130-page report that the choice provisions are often enabling poor and minority youngsters to move to schools with less poverty and greater diversity. That is seen as an especially promising feature of the law by the 22-year-old commission, which has long pressed for greater racial and ethnic integration in schools.

Data Incomplete

Based on its survey, which yielded responses from 47 states and 137 selected school districts, the commission could confirm that some 70,000 students exercised choice under the federal law during the current school year.

But because of incomplete data from many locales, that figure greatly underestimates the actual number of students who applied to transfer or actually did so, according to the report.

In places for which the commission received complete data for both years, the report says that the proportion of students who requested transfers under the law rose from 2.3 percent to 6.2 percent from 2002-03 to 2003-04, or from 16,038 students to 53,604.

“An extraordinary number of parents are seeking transfers, and they are doing so because they know the new schools will provide a better opportunity for success,” said William L. Taylor, a Washington civil rights lawyer who chairs the commission.

Yet the commission found that far more students applied than actually changed schools. Again based on partial data, the report says, 1.7 percent of eligible students transferred to higher-performing schools this school year in selected states and districts for which complete information was available, “less than half of the 5.6 percent of eligible students who had requested transfers.”

But the report also cautions that, "[b]ecause so few districts with large enrollments submitted complete data for both school years on the number of students actually transferring, the percentages calculated by the commission are of little use.”

Noting that its work was hampered by incomplete data, the commission called on the U.S. Department of Education to “enforce the data collection and reporting provisions of the law.”

It also urged the department to “conduct compliance reviews of states and districts reporting very little school choice taking place relative to the numbers of schools in need of improvement.”

A version of this article appeared in the May 19, 2004 edition of Education Week as Choice Option of U.S. Law Used, Report Finds

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal What a National School Choice Program Under President Trump Might Look Like
School choice advocates—and detractors—see a second Trump term as the biggest opportunity in decades for choice at the federal level.
8 min read
President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House, on July 7, 2020, in Washington.
President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House on July 7, 2020, in Washington. He returns to power with more momentum than ever behind policies that allow public dollars to pay for private school education.
Alex Brandon/AP
Federal Trump's Education Secretary Pick Is Linda McMahon, Former WWE CEO
McMahon led the Small Business Administration in Trump's first term and is co-chair of the president-elect's transition team.
6 min read
Small Business Administration Administrator Linda McMahon speaks during a news conference with President Donald Trump in Trump's Mar-a-Lago estate in Palm Beach, Fla., Friday, March 29, 2019.
Then-SBA Administrator Linda McMahon speaks during a news conference with President Donald Trump at Trump's Mar-a-Lago estate in Palm Beach, Fla., Friday, March 29, 2019. Trump has tapped McMahon to serve as education secretary in his second term.
Manuel Balce Ceneta/AP
Federal What Could RFK Jr. as HHS Secretary Mean for School Vaccine Requirements?
The vaccine skeptic in line to lead the mammoth federal agency could influence schools' vaccine rules, even though they're set by states.
6 min read
Robert F. Kennedy, Jr., speaks before Republican presidential nominee former President Donald Trump at a campaign event, Friday, Sept. 27, 2024 in Walker, Mich.
Robert F. Kennedy, Jr., speaks before President-elect Donald Trump at a campaign event on Sept. 27, 2024 in Walker, Mich. Trump has selected Kennedy to serve as secretary of health and human services in his second term.
Carlos Osorio/AP
Federal Can Trump Force Schools to Change Their Curricula?
Trump's bid to take money from schools that teach "critical race theory" or pass policies for transgender kids raises legal complexities.
9 min read
Republican presidential nominee former President Donald Trump speaks on crime and safety during a campaign event at the Livingston County Sheriff's Office, Tuesday, Aug. 20, 2024, in Howell, Mich.
Republican presidential nominee former President Donald Trump speaks on crime and safety during a campaign event at the Livingston County Sheriff's Office, Tuesday, Aug. 20, 2024, in Howell, Mich.
Evan Vucci/AP