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Amendment 80 would enshrine in the Colorado Constitution a right already guaranteed under state law: that children can apply to attend any public school in Colorado.
This is known as school choice.
But whether Amendment 80 would have other effects is disputed by various groups, and experts say the measure could end up in court.
Supporters say Amendment 80 is about protecting the right to school choice. Opponents say Amendment 80 could lead to the funding of private schools with public money.
Under Colorado rules for amending the constitution, Amendment 80 needs 55% of the vote to pass on Election Day Nov. 5, not just a simple majority.
What would Colorado’s Amendment 80 do?
Amendment 80 says each child in K-12 “has the right to school choice.”
Amendment 80 would effectively expand the definition of school choice to include private schools and home schools, among other types of schooling.
Colorado’s current school choice law applies only to public schools, which include neighborhood schools run by school districts and independently run, publicly funded charter schools.
Amendment 80 defines school choice as including neighborhood schools, charter schools, private schools, home schools, open enrollment options, and “future innovations in education.”
State law already allows parents to choose home schools or private schools. Amendment 80 would add to the state constitution that “parents have the right to direct the education of their children” and that “all children have the right to equal opportunity to access a quality education.”
Amendment 80 would not immediately change state law. But it could affect future state laws or school district policies. Amendment 80 could also end up in court, with a judge deciding how it should be interpreted. That interpretation could lead to changes in state law or local policy.
Who supports Colorado’s Amendment 80, and why?
Amendment 80 was proposed by Advance Colorado, a conservative advocacy organization.
“This says, ‘Hey, as a family, we trust you to make the best education choice for your child,’” Kristi Burton Brown, the executive vice president at Advance Colorado, told Chalkbeat.
Burton Brown said the rights already guaranteed by state law “are being attacked by people in power.” She cited a bill introduced by Democratic state lawmakers earlier this year that would have given school districts more control over charter schools. The bill was defeated.
Burton Brown is the former chair of the Colorado Republican Party who joined Advance Colorado in 2023. In 2008, she proposed an amendment to the state constitution that would have defined a person as “any human being from the moment of fertilization.” It was defeated. Burton Brown is currently running for a seat on the Colorado State Board of Education.
Other organizations supporting Amendment 80 include the Colorado Association of Private Schools, the Colorado Catholic Conference, the Independence Institute, Ready Colorado, and the Centennial Institute at Colorado Christian University, among others.
Advance Colorado also proposed Proposition 128, which would increase prison time before parole eligibility, and Proposition 130, which would increase funding for law enforcement, on this year’s ballot.
Who opposes Colorado’s Amendment 80, and why?
Amendment 80 is opposed by the Colorado Education Association, the ACLU of Colorado, the Colorado Democratic Party, the Colorado PTA, the Colorado Association of School Executives, individual school districts including Aspen School District, the Colorado Fiscal Institute, and several other organizations. Denver Mayor Mike Johnston also opposes it.
The statewide teachers union claims Amendment 80 is a “wolf in sheep’s clothing” that would lead to vouchers that use public money to pay tuition at private schools. The union says voucher programs in other states, such as Arizona, have proven to be expensive.
“They’re using the innocuous word of ‘choice’ as a vehicle for what opens the door clearly for a voucher scheme,” Kevin Vick, president of the Colorado Education Association, told Chalkbeat.
Christian Home Educators of Colorado opposes Amendment 80 for a different reason. In a statement, the organization said Amendment 80 could erode parents’ rights because it bestows the right to school choice on the child, not the parent.
The Colorado Republican Party did not take a stance on Amendment 80 in its voter guide. The Colorado League of Charter Schools decided not to take a position on Amendment 80, according to a spokesperson. And Gov. Jared Polis, a Democrat who founded charter schools, is neutral.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at masmar@chalkbeat.org .
