When a Title I school fails to meet its Adequate Yearly Progress (AYP) goals for two or more years in a row, a parent of a child in that school has the choice to transfer the student to a school in the district which is not in need of improvement.
If all the public schools in the district are "in need of improvement," the district needs to establish a cooperative agreement with other neighboring districts in order to provide school choice. The school district must pay for, or provide, transportation to the new school.
A district cannot deny school choice to an eligible student due to lack of capacity at other schools.
Finally, the law requires that priority in school choice be given to low-achieving students from low-income families.