by Erica Jedynak, Chief Operating Officer, yes. every kid.
For millions of American families, the promise of “public schools without boundaries” remains out of reach. While more states are adopting open enrollment policies, too many still allow school districts to use hidden rules and bureaucratic roadblocks to keep students from accessing the schools that work best for them.
Three barriers
At its core, open enrollment is about a simple principle: all families should have the right to access the public school that fits their child’s needs, not just the one dictated by their ZIP code. But for many families, three major barriers prevent true open enrollment:
- Districts manipulate capacity definitions to reject transfers
- States fail to collect or publish enrollment data
- Families lack appeal rights when denied
Barrier 1: The Open Enrollment “Capacity” Loophole
Because districts define capacity, they may deny transfer requests by claiming they don’t have enough space—even as enrollment falls.
- In Wisconsin, 20% of rejected transfer applicants were turned away because districts said their special education programs were “full.”
- In Nebraska, 24% of denials cited capacity limits in special education programs.
- Six Kansas districts reported they had space for only 2,000 transfers, despite having lost more than 5,000 students since 2019.
When districts control the definition of “capacity,” families lose. Specifically, some will use existing staffing ratios rather than available building space, giving them broad discretion to reject enrollment requests while leaving classrooms half empty.
Barrier 2: Opaque or Missing Data
Most states fail to collect and report even the most basic open enrollment data. Families can’t make informed decisions when they don’t know where seats are available, or why students are being rejected.
- Only three states track the reasoning behind rejected applicants.
- Just eight states require districts to post available capacity online by school and grade.
- In Utah, most districts ignored a state law requiring them to publish capacity reports.
- In Oklahoma, 77% of districts posted capacity information, but more than a third used outdated numbers.
Without transparency, parents are forced to apply blindly, wasting time and energy while districts hold all the cards. Policymakers and taxpayers also lack the data needed to measure demand and accountability.
Barrier 3: No Neutral Appeals
In most states, if a district denies a transfer, that’s the end of the road. Parents rarely have a way to appeal to a neutral authority.
This means districts can reject students based on vague or arbitrary reasons, and families have no recourse. Only four states have strong appeals processes that allow parents to challenge denials outside the district.
This is especially harmful for students with disabilities, who are often denied transfers at higher rates than their peers. Without appeals, their families can’t fight unlawful or unfair treatment.
Why These Barriers Prevent Full Open Enrollment
These three barriers have real consequences, directly limiting families’ access to better educational opportunities for their kids:
- A district with declining enrollment may tell applying families “no space,” even as classrooms sit half empty.
- A family might never know a nearby school has open seats because capacity data isn’t posted.
- A student could be unfairly denied a transfer, with no way to appeal.
Each barrier erodes the core promise of equal rights in public education: that every family should have the freedom to find the right school for their child.
The Call to Action
State policymakers have the power to fix this. Here’s how:
- Define capacity clearly based on building space, not district discretion, and require annual posting by school and grade.
- Mandate transparency: State education agencies should collect and publish open enrollment applications, approvals, denials, and the reasons for denial.
- Guarantee appeals: Families must have the right to appeal denials to a neutral authority.
These reforms cost little but deliver a huge return—restoring trust, empowering parents, and making open enrollment a genuine right rather than a hollow promise.
Clarity is Key
Open enrollment laws are only as strong as their implementation. If states want to ensure true education freedom, they must confront the capacity loophole, opaque data, and the absence of appeals.
The vision is clear: equal access to public schools, where every family can exercise their equal right to choose the best fit for their child.
