How good is public school open enrollment in Minnesota?

Open enrollment policies allow students to access public schools outside of their resident public schools, which can be a great help for families whose assigned neighborhood public schools aren’t the best fit for their children.

Unfortunately, Minnesota’s public school open enrollment laws are weak, according to a new analysis by the Reason Foundation, and miss the mark on best practices that create pathways to better public education options.

“Public Schools Without Boundaries 2024” grades each state’s open enrollment laws in seven areas that reflect best practices for open enrollment, including cross-district open enrollment, within-district open enrollment, and if school districts charge families transfer tuition. States only received credit for a metric if it was clearly included in their open enrollment laws.

While no state has fully adopted all seven best practices, according to the report’s author Jude Schwalbach, one state (Oklahoma) has adopted six of them in full and scored 99 out of 100 (“A”). Four other states received “A” grades — Idaho, Arizona, West Virginia, and Utah. Seven states received “B” grades — Florida, Kansas, Colorado, Delaware, Nebraska, South Dakota, and Wisconsin. Three states received “C” grades — Arkansas, North Dakota, and Montana. Two states received “D” grades — Iowa and California.

Minnesota and the remaining 32 states scored an “F.”

Public School Open Enrollment Laws

Red: “F” grade
Orange: “D” grade
Yellow: “C” grade
Light green: “B” grade
Green: “A” grade

Source: Reason Foundation

Here’s how Minnesota measures up on the different metrics.

Statewide Cross-District Open Enrollment

Cross-district open enrollment policies (also called inter-district) allow families to enroll their children in a school located outside of their geographically assigned resident district.

Minnesota statute requires school districts in Minnesota to participate in mandatory cross-district open enrollment; however, the school district can limit the enrollment of nonresident students in its schools to “a number not less than the lesser of: one percent of the total enrollment at each grade level in the district; or the number of district residents at that grade level enrolled in a nonresident district.”

Since “school districts can limit the number of transfer students even if they have open seats,” this policy “falls short,” continues Schwalbach.

Statewide Within-District Open Enrollment

Within-district open enrollment policies (also called intra-district) allow families to enroll their children in any school located within their assigned resident district.

Minnesota does not have a statewide within-district open enrollment option, and districts don’t have to post their available capacity on their websites. Without mandatory participation, students can be excluded from nearby public schools in their district that have available capacity and are a better fit.

In Minnesota, local policies adopted by the school boards determine if and when within-district options are available, according to the Minnesota Department of Education website.

Children Have Free Access to All Public Schools

Minnesota fully meets this best practice, as school districts cannot charge families tuition or fees to transfer students under state law. “Parents, however, who falsify their address for unsanctioned student transfers can be incarcerated for up to 90 days and fined up to $1,000,” points out Schwalbach.

Public Schools Are Open to All Students

Minnesota fully meets this best practice, as state law prohibits districts from excluding students based on ability or disability.

Transparent Reporting by the State Education Agency (SEA)

While the Minnesota Department of Education (MDE) doesn’t publish “all pertinent open enrollment data, it does collect important information, such as the number or rejected transfer applications due to a lack of capacity,” writes Schwalbach. These reports are important as they help ensure policymakers, families, and taxpayers can hold school districts accountable for their open enrollment practices.

Transparent School District Reporting

Minnesota school districts are not required to post their open enrollment policies or procedures online. This makes it tricky for families to easily access data on available seats, application deadlines, and application procedures.

Transfer Applicants Can Appeal Rejected Applications

Minnesota does not require districts to explain in writing why transfer applicants were rejected. “Moreover, rejected applicants cannot appeal their denials to a non-district entity,” writes Schwalbach.

Policy Changes

Schwalbach proposes three main ways policymakers can improve open enrollment in Minnesota:

● Remove all participation caps from cross-district open enrollment.
● Require all districts to participate in within-district open enrollment.
● Require districts to post their available capacity by grade level and all open
enrollment policies and procedures on their websites.

These are easy policy changes that would help break down longstanding barriers in public education and improve access to public schools.