For three decades now, children in Colorado have been allowed to attend any public school for free regardless of where they live, under the state’s Public Schools of Choice law. Colorado also permits families to enroll in private schools or homeschool their children.
Amendment 80 would enshrine access to school choice in the constitution, and explicitly names charters, private schools, home schools and “future innovations in education” as options guaranteed by the constitution.
The measure states that parents have the right to direct the education of their children and that each K-12 child has the right to school choice.
A legislative analysis concluded that the measure would have no immediate impact on education in Colorado but could open the door to future changes to laws and funding for education.
This amendment requires 55 percent approval because it adds language to the state constitution.
Here’s the language you’ll see on your ballot:
Shall there be an amendment to the Colorado constitution establishing the right to school choice for children in kindergarten through 12th grade, and, in connection therewith, declaring that school choice includes neighborhood, charter, and private schools; home schooling; open enrollment options; and future innovations in education?
How would Amendment 80 work?
Because it matches the current slate of school choices families have in Colorado, Amendment 80 wouldn’t have any immediate impact on state policies or to the enrollment of local school districts.
However, the full significance of the amendment might be up to future lawmakers and the courts. By guaranteeing a right to forms of education the state doesn’t currently pay for, it might open the door for people to push for taxpayer dollars to go toward things like vouchers for private school or payments for homeschooling.
If approved by voters in November, this measure would go into the constitution before the end of the year.
Who’s for Amendment 80?
Advance Colorado, a conservative action committee that doesn’t disclose its donors, is spearheading the measure. The same group is also behind Prop. 128 and Prop. 130. Amendment 80 is also supported by Ready Colorado, the Colorado Catholic Conference and the Colorado Association of Private Schools.
Proponents maintain the intent of the initiative is not to bring about taxpayer funding for private schools, as opponents claim, but rather to protect families’ ability to choose the best educational options for themselves.
A report by Advance Colorado, “Why School Choice Must Be Placed in the Colorado Constitution,” states that this will ensure this right can’t be taken away by future legislatures.
Proponents argue school choice is under assault by supporters of traditional public schools. They point to a bill this past legislative session that called for restrictions on public charter schools (it was voted down in its first committing hearing).
By placing the right to school choice in the constitution, any future effort to revise or repeal the state’s school choice law would have to go to a vote of the people, instead of resting in the hands of the legislature. In addition, backers argue this would ensure that every law that potentially infringes upon the right to school choice would have to undergo strict scrutiny in the courts and could potentially be judged unconstitutional.
Who’s against Amendment 80?
The measure is opposed by a number of groups, including the Colorado Education Association, the Colorado PTA, the Christian Home Educators of Colorado, Colorado Democrats, Stand for Children, the ACLU Colorado and others.
Opponents warn the measure opens the door to school vouchers by making private schools one of the constitutionally protected options for kids. They fear that could prompt a reinterpretation of Colorado’s current law, which prohibits public funding for private education, and end up redirecting money away from public schools. Opponents say vouchers for private schools have cost other states hundreds of millions of dollars.
Some groups, like the ACLU, also worry the new constitutional right for a parent to direct their child's education could give parents more legal power to try to ban books or sue schools for following nondiscrimination laws.
Other opponents, including some homeschool parents, contend that setting up an obligation for the state government to guarantee that each child’s education is a “quality” one undermines the authority of parents to decide what constitutes a quality education. They say the measure would invite stricter regulation of public charter schools, home schools and private schools.
For its part, the Colorado League of Charter Schools voted to not take a position on Amendment 80.
