Under No Child Left Behind, students who attend a Title I-funded school that is identified for program improvement, corrective action, or restructuring must be given the option of school choice. This provision allows all students attending such a Title I school the option to transfer to another public school, including a public charter school, that is within the LEA and that is not in program improvement or is not persistently dangerous.

The option of school choice must be made available to all students the first year a school is identified for school improvement and all subsequent years thereafter, until the school has made adequate yearly progress for two consecutive years. Students who exercise their right to attend another school under this school choice provision must be given the option to continue to attend that school until they complete the highest grade of that school, even if the original school is no longer in program improvement, corrective action, or restructuring.

Schools that are offering school choice because they have been identified for program improvement, corrective action, or restructuring must provide transportation to students who transfer to another school. If funds to provide school choice and/or transportation are limited, local education agencies (LEAs) may give first priority to students from low-income families who are the lowest-achieving students [Title I, section 1116(b)(E)(ii)] based on achievement levels as evaluated by objective educational measures.

Visit the United States Department of Education School Choice for more information