School districts can open cyber charter schools to fulfill parents' school-choice requests, especially in cases where there is no room for additional students at the district's high-performing schools, the U.S. Department of Education (ED) said regarding its final regulations for implementing the No Child Left Behind Act of 2001 (NCLB).

The final rules—which are more stringent than expected—say school districts must offer transferability options to students from failing schools, regardless of issues such as overcrowding or class-size limits.

"In situations where it is a real challenge to offer school choice...

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