Bill > A08975

This bill establishes a comprehensive open enrollment policy for public schools in New York, allowing nonresident students to enroll in schools outside their home district under specific conditions. The legislation requires school districts that adopt an open enrollment policy to make their policy easily accessible online, publish school capacities, and provide a transparent application process. Parents can apply to open enrollment schools without paying an application fee, and schools must follow non-discrimination guidelines. The bill prioritizes enrollment for resident pupils, returning students, and siblings, and if demand exceeds capacity, schools must use an equitable selection process like a lottery. Districts are not required to make structural changes or offer new programs to accommodate open enrollment students. Schools can deny enrollment for reasons such as lack of space, inability to meet special needs, or if the student has been expelled. Importantly, the bill specifies that neither sending nor receiving districts are obligated to provide transportation for open enrollment students. When a student enrolls in an open enrollment school, they are considered transferred to that district for attendance and funding purposes, with associated state and federal funds following the student to the new school district.

Education

https://www.nysenate.gov/legislation/bills/2025/A8975