What smart open enrollment policy for North Dakota means

Open enrollment is a means for many families to choose public schools that more closely fit their child’s educational needs or desires without moving to a charter school or resorting to a potentially expensive private school. Open enrollment allows students to move from one public school to another by simple application. This decoupling of school access from the student’s ZIP code protects, in theory, the student’s right to a quality education no matter where they might live. Polling suggests that both parents and the public are overwhelmingly in favor of open enrollment policies.

There are two types of open enrollment policies: inter-district (when students can transfer schools within their school district that may not be their assigned school) and intra-district (when students can transfer outside their assigned school and district). North Dakota school districts can participate in voluntary intra-district open enrollment, but it is not mandatory. North Dakota currently has no inter-district open enrollment plan.

Open enrollment policies differ by state, and many states do not publish comprehensive open enrollment data. Thus, research on open enrollment’s efficacy is, as one EdChoice report noted, “limited and inconsistent.” However, an assessment of the benefits and harms of open enrollment can be conducted through case studies, parent surveys, and administrative interviews, as in the case of the recent EdChoice report “Breaking Down District Lines.”

That report found that smart open enrollment policy can be an incredibly effective tool for provoking excellence across the entire school system. When administrators understand that they are competing for parent attention and loyalty, they tend to increase their efforts to create a welcoming, high-achieving environment that includes both quality academics and a quality culture. The positive cultural impacts ripple across the entire school system as schools attempt to outdo one another.

Parents overwhelmingly report increased satisfaction with their chosen school. For some students, choosing a school with different opportunities is a lifeline for long-term success.

The report also found that open enrollment policy is most functional when every school and district in the state is required to participate comprehensively. When open enrollment policies are opt-in, it’s easy for wealthy, achieving districts to choose not to allow outside students to enter, or hide information that would encourage parents to apply — meaning that students are once again confined to the opportunities connected to their ZIP code.

Best Practices for North Dakota

A 2025 Reason Foundation Report graded North Dakota’s open enrollment policies as a C+. Why the low score? North Dakota (1) has poor inter-district open enrollment policies, (2) state law does not make clear to school districts that access to public schools shouldn’t depend on an applicant’s ability or disability, (3) North Dakota does not have transparent SEA reporting, and (4) does not have transparent district reporting or a transparent appeals process.

In short, it is time for North Dakota to refresh the state’s open enrollment policies. The good news is that there are multiple pathways for reform ahead.

A Reason Foundation 2022 report argued that North Dakota should update its open enrollment policies and

Require all districts to participate in cross-district open enrollment, posting policies
and procedures online.

Require all districts to participate in within-district open enrollment, posting policies
and procedures online.

Require districts to post their available capacity online.

While some of these reforms would likely need to pass through the legislature, others are within the authority of local officials.

The Case for Increased Transparency

When open enrollment is technically available for families, but information is not publicly posted regarding school capacity and open enrollment application processes, parents are left in a fog of confusion. This hamstrings the open enrollment process significantly.

One essential reform is to require every school to post their district capacity and their application process on their website. When parents know how many students a district can accept, they can make informed decisions as to whether or not they would like to pursue open enrollment. Administrators must follow up with districts to ensure that they are following directives, as some districts around the country resistant to open enrollment have quietly chosen not to comply.

Districts hostile to open enrollment in North Dakota have significant power to ensure that students stay at their assigned school. Students wishing to transfer have to receive permission from both their original district and their desired district. According to state law,

If the board of a student’s school district of residence refuses to pay the tuition or sign
a tuition waiver contract in order for the student to attend school in another district and if the committee established under section 15.1-29-06 denies the petition on appeal, the student’s parent may pay the tuition.

In this way, students do not have access to completely free public schools. Districts are not required to post information about how many students are denied a transfer, nor are they required to post why. This creates a lack of information for parents that surely leads some to choose not to pursue open enrollment options.

Strong leadership can encourage schools to value transparency by posting their district capacities and transfer procedures online. Schools should be proud of their programs, and the thought that students outside the assigned school might desire to take part in their program should spur school administrators to excellence.

Questions for the Future

One common question for parents considering open enrollment is that of transportation — how will the child get to school? In rural North Dakota, that’s a question worth consideration. North Dakota law states that

A school district of residence may provide transportation to a student participating in open enrollment. If a district of residence does not provide transportation to a student participating in open enrollment, transportation may be provided by the admitting district.

While some students will be able to receive transportation if they pursue open enrollment, other students will have to be transported by their families. Some districts might consider establishing various, conveniently located satellite bus stops to allow more students to enter the school. It’s possible that North Dakota policymakers might one day fund a mandate that makes school transportation more accessible for students who have chosen open enrollment — but given the need for other reforms, it seems that transportation might be lower on the to-do list.

The Next Step

In order to create truly accessible open enrollment, North Dakota should prioritize a universal open enrollment policy, with all districts required to allow both inter- and intra- open enrollment policies. By doing so, students will be able to attend schools that fit their needs based on the guidance of their families, not the dictates of their ZIP code.