This article explains and analyzes open enrollment plans, both intradistrict and interdistrict, and their potential harms and benefits. Part II sets the stage by outlining the trials and tribulations of the Omaha, Nebraska, School District in its attempt to balance the goals of integration and open enrollment. Part III overviews open enrollment, summarizing and synthesizing current open enrollment legislation and providing examples of both intradistrict and interdistrict plans which are presently in effect. Part IV analyzes the various theories which have been utilized to justify choice and to provide the legislative motives behind open enrollment statutes, particularly criticizing the market theory. Part IV also analyzes the interdependence of law and education and the problems inherent in that relationship. Part V discusses various aspects of the interplay and potential conflict between open enrollment and desegregation. Part VI provides recommendations for educational and legislative reform in the area of public school choice which will meet the needs of all students and provide not only quality education, but equity, access, and integration as well.
Angela G. Smith,
Public School Choice and Open Enrollment: Implications for Education, Desegregation, and Equity,
74 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol74/iss2/2