COLORADO, USA — School choice is on your Nov. 5 ballot, even though school choice already exists in Colorado.
Public schools of choice was put into state law in 1994. This year, Amendment 80 asks voters to put school choice in the state’s constitution.
School choice allows students to attend any school district, and the parents will not have to pay tuition.
There are some exceptions in state law for when a district can deny enrollment, such as not enough space or certain eligibility requirements that are not met.
Parents can also choose to send their kids to private schools or homeschool them, but those are not funded by tax dollars.
Amendment 80 – Constitutional Right to School Choice
A YES vote on Amendment 80 puts school choice into the state’s constitution, which can only be changed by a vote of the people, and not by state lawmakers.
Since it is a constitutional amendment, it requires 55% of the vote to pass.
A NO vote on Amendment 80 changes nothing, as school choice would remain in state law.
The ballot language reads:
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?
The bigger issue is what would happen after if Amendment 80 passes.
The amendment affirms that parents have access to school choice. Would that mean public tax dollars could be used for private educations? That would be like a school voucher, and something that would likely end up in court if Amendment 80 passes and a parent wanted tax dollars for private education.
Here is the language that would be added to the state constitution:
(1) Purpose and findings. The people of the state of Colorado hereby find and declare that all children have the right to equal opportunity to access a quality education; that parents have the right to direct the education of their children; and that school choice includes neighborhood, charter, private, and home schools, open enrollment options, and future innovations in education. (2) Each K-12 child has the right to school choice.
Here is another part of Amendment 80 that could create a legal question, if passed.
Part of what would go into the constitution states: "All children have the right to equal opportunity to access a quality education” and “parents have the right to direct the education of their children."
How someone interprets “all children have the right to equal opportunity to access a quality education” and “parents have the right to direct the education of their children” could also end up in court. Separating children and parents in those statements could have specific meaning when interpreted by a court.
Amendment 80 Campaign Dollars
The YES group supporting Amendment 80 is called “School Choice for Every Child” and has reported $0 raised and spent.
Amendment 80 was put on the ballot by conservative group Advance Colorado. As a nonprofit, it does not have to disclose its donors or how it spends money.
The NO group is called “Public Schools Strong” and has raised almost $3.8 million, while spending $1.6 million. The committee received $3 million at the start of October by the National Education Association teachers’ union.