Colorado's Amendment 80 initiative would guarantee the right to school choice

Among the 14 statewide measures on the statewide ballot in Colorado this year is one that guarantees the right to school choice.

While school choice is guaranteed in state law, Amendment 80 would incorporate it into the state constitution while broadening the definition to include private and home school options, in addition to charter schools.

It's billed as simply protecting parents' right to educate their kids the way they see fit. But the truth is, the impact of this measure will largely depend on how the legislature and courts interpret it, should it pass.

Supporters say Amendment 80 is needed to protect school choice from efforts to undermine it, pointing to a bill in the legislature this year that would have made it easier to close charter schools or withhold funding from them, had it passed. They say Amendment 80 will give charter schools legal recourse if school districts deny their applications.

On the flip side, it could also give parents legal recourse if a charter school denies their child's application.

Opponents include the Christian Home Educators of Colorado, which notes that while the measure gives children the right to quality education, it doesn't define "quality education," inviting the legislature to do so and opening the door to lawsuits over everything from curriculum to teacher qualifications and school funding.

Meanwhile, the ACLU says that by giving parents the right to direct their child's education, the measure could lead to things like book banning and the teachers union worries it could usher in vouchers for private schools.

While many proponents of school choice support Amendment 80, the state's two largest charter school associations are neutral; they see it as a no-win. If it passes, it's all but certain to end up in a lengthy legal battle. If it fails, it could embolden lawmakers opposed to charter schools.

Either way, Amendment 80 could hurt more than help.