Schools of Choice Refresher

With the new school year approaching, now is the perfect time to review your school district’s schools-of-choice procedural requirements to ensure compliance for the year ahead.

The State School Aid Act (SSAA) allows an enrolling district to count non-resident students in its membership without resident district approval under specific circumstances. Schools of choice is one such circumstance. Participation is voluntary, and a district must opt in.

The SSAA recognizes two choice options: (1) the enrollment of non-resident students who reside within the same ISD (Section 105), and (2) the enrollment of non-resident students who reside in a contiguous ISD (Section 105c). A district may choose to participate in either Section 105 or Section 105c, or both. If the district makes no affirmative choice to participate under Section 105 and/or 105c, then the district is not authorized for schools of choice. If a district participates in schools of choice, it must comply with all statutory requirements or risk forfeiting 5% of its total state aid allocation.

Limited Openings

If a district sets a limited number of openings for student enrollment, it must publish the grades, schools, and special programs available and notify the public that it is accepting applications. The notice must include when and how students may apply and be published by the second Friday in August (August 8, 2025). The application period must remain open between 15 and 30 calendar days.

Within 15 calendar days after the application period closes, the district must determine which applicants will be allowed to enroll. Students who live in the same household as a current student must be given enrollment preference. After enrolling those students, the district must select other students for enrollment based on a random draw. Students not selected must be placed on a waitlist. The district must notify parents of a student’s acceptance and any enrollment procedures, including the enrollment deadline, which must be no later than the end of the first week of school.

If openings remain between the third Monday in August (August 18, 2025) and the end of the first week of school, the district may enroll students from the waitlist. School districts may not enroll school-of-choice students after the first week of school.

Unlimited Openings

A district may choose to have unlimited openings for its schools-of-choice program. If so, it must provide notice to the public that applications will be taken from non-residents and whether openings are only for specific grades, schools, or programs. The notice must also provide information on the place and manner for submitting an application. The application period must remain open at least 15 calendar days.

A district can accept applications until the end of the first week of school. Again, all school-of-choice students must be enrolled before the end of the first week of school.

Second Semester or Trimester Openings

A district may choose to offer enrollment for the second semester or second trimester if openings are available. It must publish the specific grades, schools, or special programs for which enrollment is available not later than two weeks before the end of the first semester or trimester. Applications may be received during the last two weeks of the first semester or trimester.

By the beginning of the second semester or trimester, the district must determine which applicants will be allowed to enroll in the district and notify parents or legal guardians of the specific grade, school, or program, if applicable, for which the applicant has been accepted and the enrollment procedure and deadline. The Michigan State School Aid Act does not permit the reopening of schools of choice for enrollment during the third trimester. Therefore, the enrollment deadline cannot be later than the end of the first week of the second semester or trimester.

Right to Continued Enrollment and Preference for Children in Same Household

Once a student has enrolled, the term “choice” is no longer appropriate. A district must allow a student initially enrolled by choice to remain enrolled until graduation or until they enroll elsewhere. A school-of-choice student may, however, be expelled for misconduct consistent with the student code of conduct.

Nondiscriminatory Selection

When selecting students to enroll, a district may not base enrollment on a student’s:

1. intellectual, academic, artistic, or other ability, talent, or accomplishment, or lack thereof, except that a district may refuse to admit a nonresident applicant to a specialized or magnet program if the applicant does not meet the same criteria, other than residence, that an applicant who is a resident must meet to be accepted for enrollment;
2. mental or physical disabilities if the student otherwise meets eligibility criteria;
3. age, if the student is age-appropriate for the program;
4. athletic ability; or
5. religion, race, color, national origin, sex, height, weight, marital status, or other legally protected status.

A district may deny enrollment to a student who has been suspended by another school during the previous two years, has ever been expelled from another school, or has been convicted of a felony. However, once an enrolling district has counted a previously suspended or expelled student in membership, that student may not be disenrolled unless subsequently expelled for violating a student code of conduct.

Before enrolling a school-of-choice student, school officials should contact a student’s previous school(s) to obtain the student’s disciplinary history and enrollment eligibility. FERPA permits a student’s former school to disclose this disciplinary information without parental consent.

Special Education

If a student is enrolled under Section 105 (student resides within the same ISD) and is eligible for special education programs and services, that student is considered a resident of the enrolling district for purposes of receiving a free appropriate public education.

In contrast, Section 105c creates additional requirements for a student who resides in a contiguous ISD and is eligible for special education programs and services. To enroll a nonresident special education student under Section 105c, the enrolling district must have a written agreement with the student’s resident district that addresses special education costs and how the agreement will be amended if there is a significant change in the costs or level of special education that the student requires. The law is silent, however, as to which district must pay for the student’s special education programs and services. If the enrolling and resident districts do not reach an agreement before the student’s initial enrollment, the student cannot be enrolled.

If a student is initially enrolled as a general education student under Section 105c but later becomes eligible for special education services, the enrolling district becomes the resident district for purposes of providing FAPE and may not “send back” the student.

Michigan’s schools of choice law is complex, and significant state funding penalties may be imposed for noncompliance. School officials should consult with legal counsel on schools of choice and other enrollment questions.