School Choice: Current Legislation

Publication Date: May 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education

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Abstract:

Legislative proposals to provide parents enhanced opportunities to select their children's schools are varied and widely debated. Many school choice proposals have been made with the intent of improving the quality and increasing the range of educational opportunities available to students. Some proponents of school choice suggest that the availability of more school choices will both provide more students with access to better schools and also induce public schools to improve through market competition. Some opponents express concerns about choice programs, such as the potential for redirecting public education funding and possible variation in the quality and availability of schools from which to choose.

The 108th Congress authorized and appropriated funds for a school voucher program for the District of Columbia as part of the FY2004 Consolidated Appropriations Act. This Congress also has seen bills introduced that would expand school choice, through means such as: authorizing school choice programs for students with disabilities; and authorizing federal tax credits for K-12 education expenses, or for contributions to organizations that provide students with scholarships to attend private schools.

The 107th Congress expanded the federal role in providing support for elementary and secondary (K-12) school choice through changes in federal tax policy and through enactment of the No Child Left Behind Act (NCLBA), which amended and extended the Elementary and Secondary Education Act (ESEA). Major new school choice initiatives of the 107th Congress included: authorization for distributions from Coverdell Education Savings Accounts (ESAs) to be used for K-12 education expenses, including private school tuition; public school choice for students attending Title I-A schools that do not make adequate yearly progress (AYP) for 2 consecutive years; supplemental education services for students attending Title I-A schools that do not make AYP for 3 consecutive years; school choice for students who are victims of violent crimes or attend unsafe schools; and the Voluntary Public School Choice program.

The 107th Congress also reauthorized the following ESEA programs that support public school choice: Innovative Programs; Charter Schools Programs; Magnet Schools Assistance programs; and Fund for the Improvement of Education.

In June 2002, the Supreme Court ruled that the Constitution allows for public funding of school vouchers used to support children's attendance at religiously affiliated schools, so long as their parents also have the opportunity of selecting from among options that include public and private secular schools. This ruling allayed previous concerns about the constitutionality of directing public funds to religiously affiliated schools. Still, some state constitutions prohibit public funding of religiously affiliated schools.