Kentucky's open-enrollment policies lag behind, limiting educational choice, opportunities

LEXINGTON, Ky. — A new report by the Bluegrass Institute for Public Policy Solutions reveals that Kentucky's open-enrollment policies are among the weakest in the nation, restricting the ability of families to choose a different public school that better meets their children's educational needs.

“Finding the right fit for children is important in their educational development and the best fit may not be with the local public school,” the report states, emphasizing the value of choice in K-12 education.

The study, "Public School Open Enrollment in Kentucky: Policy Issues Regarding Non-Resident and Transfer Students," is the final release in a three-part series of weekly policy briefs in May examining public education spending in the state. 

It highlights shortcomings in the commonwealth’s current open-enrollment policies which rank poorly; 34 states surpassed Kentucky in a 2024 Reason Foundation study. Contributing to the state's weak performance are policies permitting school districts to impose strict limits on non-resident student admissions, charge tuition and maintain unclear open-enrollment processes.

Since House Bill 563 passed in 2021, mandating districts to adopt open-enrollment policies, non-resident student numbers in Kentucky’s public schools have increased, with over 2,500 additional students joining across districts – a 10% rise.

Independent districts lead in non-resident  enrollment, with some, like Cloverport Independent, seeing explosive growth through online programs. In only its just-completed second year, enrollment in the Kentucky Virtual Academy (KYVA) – an online public school available to students in each of the state's 171 districts – more than doubled.

“This surge in the virtual academy’s enrollment underscores parents’ interest in educational opportunities,” Bluegrass Institute President Jim Waters said. “Kentucky families deserve the freedom to choose innovative public schools like the academy that meet their children’s unique needs.”

Implementation of regulations approved in December by the Kentucky Board of Education that would have forced the academy to close immediately were delayed until at least 2028 by passage of House Bill 241 during this year's legislative session. The Bluegrass Institute urged policymakers to give the program sufficient time to succeed.

The report also compares current policy with Senate Bill 210, introduced in 2024, which would have strengthened the state’s open-enrollment policy by requiring districts to:

• allow open enrollment within and across districts, prohibiting them from charging tuition;

• post their capacities and vacancies, along with a report;

• establish the process and timing of the application, decision and appeals of denials; and

• report non-resident enrollment, withdrawals, applicants, denials and the reason for the denial to the Kentucky Department of Education.

  
  

It also reveals significant disparities: the 20 school districts with the highest non-resident enrollment are all independent yet account for over 25% of out-of-district students while constituting only 3.3% of the state’s total K-12 enrollment. In contrast, non-resident students make up less than 1% of enrollment in large districts, such as those in Jefferson and Fayette counties.

For more information, contact: Jim Waters, president of the Bluegrass Institute for Public Policy Solutions, at (270) 320-4376 or jwaters@bluegrassinstitute.org.

###

Bluegrass Institute works with Kentuckians, grassroots organizations, and business owners to advance freedom and prosperity by promoting free markets, smaller government and defense of personal liberties. Subscribe here.