Amendment 80 – Constitutional Right to School Choice

Currently, CO students in grades K-12 are entitled to a free public education. Students are allowed to attend any public school, even if the child lives outside of the official attendance boundaries. Each school district has its own way to regulate “open enrollment.” Boulder Valley School District (BVSD) asks parents to order their school preferences and holds a lottery. Some students have priority over others. Students outside of BVSD have the lowest priority in BVSD, unless they fall in another category, such as child of a BVSD employee.

Parents also have the option of sending their children to private schools or of homeschooling their children, but Colorado does not pay for those children’s educational expenses.

Amendment 80 would add the following language to the CO Constitution: “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.”

Would a constitutional right to a private education require CO to pay for that private education if the parents cannot afford it (or even if the parents can)? Amendment 80 does not lay out any changes to state law, but does set up the possibility for many legal challenges.

Recommendation: No

Colorado allows choice for public schools. When a community has multiple schools for each grade level, the competition for students and their accompanying dollars drives the schools to continuously improve. For example, most students from wealthy families in Boulder attend public schools because public schools are seen as meeting the families’ needs and desires.

The fiscal impact of Amendment 80 on the state and school districts is entirely speculative. It “may increase their spending on legal expenses and planning costs.”

Except for the “private” school language of Amendment 80, CO already tries to achieve the intent of Amendment 80. If you believe that tax dollars for K-12 education should be spent to boost public education, then vote No on Amendment 80. Let’s not open a can of legal worms.

Website for the Yes Side (School Choice for Every Child)
https://www.voteyeson80.com/

Website for the No Side (Public School Strong)
https://www.protectpublicschools.co/


Approved Ballot Language
Amendment 80 (CONSTITUTIONAL)

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?

YES/FOR ___
NO/AGAINST ___

Amendment 80 initiative language filed with the Secretary of State
https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2023-2024/138OriginalFinal.pdf