Colorado Amendment 80: A Controversial Move to Cement School Choice Rights

Colorado Amendment 80: A Controversial Move to Cement School | Future Education Magazine

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School Choice at a Crossroads in Colorado

In an upcoming vote this November, Colorado residents will decide on Colorado Amendment 80 a proposed constitutional amendment aiming to affirm school choice as a constitutional right. Although Colorado already boasts a robust framework supporting school choice, including public charter schools and open enrollment, the proposal’s supporters argue it is necessary to protect parental rights in education. However, critics raise concerns that Colorado Amendment 80 could alter the landscape of educational funding and regulation.

School choice has been widely available in Colorado since 1993 when the state pioneered charter school legislation. Today, Colorado’s school choice laws are among the nation’s most extensive, allowing students to attend charter schools, public schools outside their districts, and, for those able to afford it, private institutions. Yet, unlike recent initiatives in conservative states like Utah, Iowa, and Indiana, Colorado’s stance has remained focused on public options rather than funding private school choice. Amendment 80, however, could change that by embedding school choice into the state constitution as a child’s right, raising questions about potential funding implications.

Political Divide Over Colorado Amendment 80

Colorado Amendment 80 underscores the nation’s political divide over school choice, with Republicans generally supporting expanded parental rights in school selection, including private school options, while Democrats advocate for stronger accountability in publicly funded education. For example, while Colorado Governor Jared Polis, a Democrat and founder of two charter schools, has defended charter institutions, he and many Democrats continue to resist measures funding private school education with public dollars. Meanwhile, some conservatives, particularly those within the homeschooling community, worry that such an amendment could introduce government regulations into private schooling.

The language of Amendment 80, which frames school choice as a child’s “right,” introduces a new perspective that could have significant implications. Critics warn that enshrining such a right might pave the way for legal debates over students’ wishes versus parental decisions in educational matters. Furthermore, detractors of the amendment suggest that this reframing could gradually erode the long-standing Colorado policy against using public funds for private or religious education.

Implications and Potential Legal Challenges

The push for Colorado Amendment 80 has also brought to light long-standing tensions around the funding and outcomes of school choice programs. According to Michael Fields, president of Advance Colorado, the organization advocating for the amendment, Amendment 80 is intended to “cement” Colorado’s existing school choice laws. However, its broader language suggests the potential for extending these rights to private schooling, possibly sparking challenges to the prohibition of public funding for religious and private education.

Critics also point out that, while advocates claim school choice offers greater equity, studies have shown mixed outcomes in areas with extensive private school voucher programs. Research suggests that statewide voucher programs may increase segregation and create budgetary strains on rural and high-need schools. Additionally, recent U.S. Supreme Court rulings indicate a possible legal route to challenge restrictions on public funding for religious schools, a pathway that could open should Amendment 80 pass.

As Colorado residents consider their votes on Amendment 80, questions linger over its implications for the state’s education funding and policies. While supporters believe this amendment is essential for preserving school choice, others worry it could lead to unintended financial and social consequences, potentially shifting public funds away from public education to support private institutions.

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