Right to school choice will not be guaranteed by Colorado's constitution as Amendment 80 fails

Voters have rejected Amendment 80, which would have guaranteed the right to school choice in Colorado's constitution, including the right to private and homeschool options. That's according to projections from the Associated Press. The amendment was among the ballot measures voters considered in the 2024 general election.

The teacher's union led the opposition to the measure, but two of the largest charter school organizations were neutral on it, in part due to concerns about legal challenges.

School choice is currently guaranteed by state law, but Amendment 80 would have incorporated it into the state constitution and broadened the definition to include private and home school options, in addition to charter schools.

The measure was billed during the election cycle as simply protecting parents' right to educate their kids the way they see fit. But CBS Colorado Political Reporter Shaun Boyd reported that "the truth is, the impact of this measure will largely depend on how the legislature and courts interpret it, should it pass."

The Colorado League of Charter Schools and the Education Alliance of Colorado came out as neutral on the issue because they said they saw it as a no-win. If it passed, it was all but certain to end up in a lengthy legal battle. If it failed, it would embolden lawmakers opposed to charter schools.