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

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
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
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 Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
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
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

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 Trump Talks Up AI in State of the Union, But Not Much Else About Education
The president didn't mention two of his cornerstone education policies from the past year.
4 min read
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026.
President Donald Trump enters to deliver the State of the Union address to a joint session of Congress in the House chamber at the U.S. Capitol in Washington, Tuesday, Feb. 24, 2026. The president devoted little time in the speech to discussing his education policies.
Kenny Holston/The New York Times via AP, Pool
Federal Education Department Will Send More of Its Programs to Other Agencies
Education grants for school safety, community schools, and family engagement will shift to Health and Human Services.
4 min read
Various school representatives and parent liaisons attend a family and community engagement think tank discussion at Lowery Conference Center on March 13, 2024 in Denver. One of the goals of the meeting was to discuss how schools can better integrate new students and families into the district. Denver Public Schools has six community hubs across the district that have serviced 3,000 new students since October 2023. Each community hub has different resources for families and students catering to what the community needs.
A program that helps state education departments and schools improve family engagement policies is among those the Trump administration will transfer from the U.S. Department of Education to the U.S. Department of Health and Human Services. In this photo, school representatives and parent liaisons attend a family and community engagement discussion on March 13, 2024, in Denver to discuss how schools can better integrate new students and families into the district.
Rebecca Slezak For Education Week
Federal New Trump Admin. Guidance Says Teachers Can Pray With Students
The president said the guidance for public schools would ensure "total protection" for school prayer.
3 min read
MADISON, AL - MARCH 29: Bob Jones High School football players touch the people near them during a prayer after morning workouts and before the rest of the school day on March 29, 2024, in Madison, AL. Head football coach Kelvis White and his brother follow in the footsteps of their father, who was also a football coach. As sports in the United States deals with polarization, Coach White and Bob Jones High School form a classic tale of team, unity, and brotherhood. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
Football players at Bob Jones High School in Madison, Ala., pray after morning workouts before the rest of the school day on March 29, 2024. New guidance from the U.S. Department of Education says students and educators can pray at school, as long as the prayer isn't school-sponsored and disruptive to school and classroom activities, and students aren't coerced to participate.
Jahi Chikwendiu/Washington Post via Getty Images
Federal Ed. Dept. Paid Civil Rights Staffers Up to $38 Million as It Tried to Lay Them Off
A report from Congress' watchdog looks into the Trump Admin.'s efforts to downsize the Education Department.
5 min read
Commuters walk past the headquarters of the U.S. Department of Eduction, which were ordered closed for the day for what officials described as security reasons amid large-scale layoffs, on March 12, 2025, in Washington.
The U.S. Department of Education spent up to $38 million last year to pay civil rights staffers who remained on administrative leave while the agency tried to lay them off.
Mark Schiefelbein/AP