Amendment 80 fails: Right to school choice won’t be added to Colorado’s constitution
The measure drew sharp criticism from a broad group of public school supporters who said they were worried it could lead the way to a voucher program, diverting public dollars to private schools, including those with a religious affiliation.
The Associated Press called the race for Amendment 80 at 9:56 a.m. Thursday, with 51.9% of ballots cast against it, compared with 48.1% of votes in favor of it with 78% of the votes counted. The measure needed the support of 55% of voters to pass.
Conservative political nonprofit Advance Colorado Action was the main proponent of Amendment 80.
President Michael Fields has argued that enshrining the right to school choice in the state constitution is a necessary step to preempt any future attacks against school choice at the Capitol. Parents' right to school choice is already protected by state law, but state law is subject to change each year as lawmakers propose and pass legislation.
One bill introduced by a group of liberal Colorado Democrats during the 2024 legislative session wanted to create tighter regulations for charter schools that could have affected how they operate. Among the sweeping reforms, the bill proposed repealing a law that enabled charter schools to occupy school district facilities without paying rent and granting school boards the power to revoke or not renew a charter school contract because of declining enrollment in the district or the charter school. That legislation , which charter school advocates called "a blatant attack on charter schools and charter school families," failed .
Opponents of the ballot measure have countered that Colorado already has enough guardrails in place to preserve parents' right to school choice. Many critics saw Amendment 80 as a cloaked attempt to lay the groundwork for a statewide voucher program.
Fields rejected the idea that Amendment 80 could set in motion a voucher program, particularly since there was no cost attached to the ballot measure.
However, language on the ballot measure in the 2024 election blue book states the measure could increase spending for districts and the state on "legal expenses and planning costs."
"Depending on how the measure is interpreted by the courts and the state legislature, the measure may change the allocation of state or local funding for education," the blue book states.
Previous attempts to roll out a voucher program in Colorado have failed. The few school voucher programs that advanced were legally challenged and ultimately dissolved, including a school voucher law rejected by a Denver judge in 2003 on the grounds that it violated local control provisions in the state constitution.
Controversy around Amendment 80 reached a boiling point last month after a misleading text message from an unidentified source suggested that Vick supported Amendment 80.
The ballot measure also raised questions about the future of parental input in schools as it sought to give parents the right to direct their child's education. Some education advocates worried that provision could spark lawsuits from parents against schools over homework assignments or books used in classrooms. Advance Colorado Action leaders, meanwhile, said it would not give parents the right to control curriculum, books or other components of their child's education.
Public Schools Strong, funded primarily by teachers unions, spent $4.6 million to oppose the amendment through Oct. 23, and raised another $45,000 from large donors through Tuesday. Nonprofit Colorado Dawn reported spending nearly $1.9 million to support it.
