New legislation would allow students across Michigan to enroll tuition-free in the public school that works best for them.

House Bill 5310 would strengthen Michigan’s Schools of Choice law, which the Reason Foundation ranked 38th among the states last year based on flexibility and transparency. The bill’s provisions would raise the law’s letter grade to an ‘A+’ — “making it the best school transfer law in the nation,” according to testimony submitted by Reason. The legislation would make it easier for students to access the public school that’s the right fit for them, which was the intent behind the state’s original choice law.

Michigan’s Schools of Choice law, passed in 1996, allows some students to attend a public school outside their district of residence without paying tuition. About 10% of K-12 students participate in the state’s open enrollment program. But their ability to do so depends on whether the receiving district opts into the program.

According to state law, districts can choose to participate by either enrolling non-resident students who live in the same intermediate school district or in a neighboring intermediate school district. They can also choose not to participate at all and charge tuition for any non-resident student they accept. Districts that opt in can decide which grade levels or programs will be open to Schools of Choice students and how many seats will be allocated for them.

While many students have benefited from Schools of Choice, some of the state’s neediest students are unable to access better schools through the program. That’s because some districts still refuse to receive students who live outside their boundaries. Grosse Pointe Public Schools, for example, has never participated, turning away students from nearby Detroit and poorer neighborhoods seeking a better education. Meanwhile, more than 130 residents of Grosse Pointe use Schools of Choice to enroll in neighboring districts, mostly Harper Woods and Detroit.

The new House bill would help the state’s neediest students by requiring every district to accept non-resident students tuition-free as long as it has enough open seats to do so. Districts would maintain the ability to determine their capacity for each grade level. If they have available seats, they would be prohibited from denying any non-resident students based on their characteristics or abilities.

This provision is especially important for students with disabilities who are entitled to special education services documented in an individualized education program. Under current state law, districts can refuse to serve non-resident students with IEPs. But the proposed legislation would prevent this type of discriminatory behavior. It would require districts to give students with individualized education programs the same opportunity to attend a better school as other students.

The bill would also help families access better schools by improving transparency requirements. Districts would be required to post their capacity, enrollment policies and student transfer data. Making this information public would help parents find better schools with open seats and appeal decisions if they are denied enrollment.

HB 5310 would empower parents to send their children to the public school that works best for them, regardless of its location or their place of residence. Whether parents are seeking stronger academics, advanced courses, innovative programming, better special education services or a respite from bullying, they would gain access to more diverse options for meeting their children’s needs.

As government entities, public schools ought to be open to all students, regardless of where they happen to reside. Current law benefits some students while neglecting others who are in need of better options. HB 5310 would strengthen the Schools of Choice law by providing Michigan families with greater transparency and access to schools statewide.

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