Amendment 80 will determine if the right to school choice will be guaranteed by Colorado's constitution

Coloradans will find out soon if the right to school choice will be guaranteed by the state constitution. Amendment 80 is among the ballot measures voters are considering on Election Day.

School choice is currently guaranteed by state law, but Amendment 80 would incorporate school choice into the state constitution and broaden 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."

Boyd reported that supporters have said Amendment 80:

1. 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.
2. will give charter schools legal recourse if school districts deny their applications.

If it is passed, the measure could also give parents legal recourse if a charter school denies their child's application.

The ACLU, the Colorado Educators Association and the Christian Home Educators of Colorado are among the opponents. The Christian Home Educators group has pointed out during the campaign season 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. The ACLU says that by giving parents the right to direct their child's education, the measure could lead to things like book banning. The Colorado Educators Association, a teachers union, worries it could usher in vouchers for private schools.

The state's two largest charter school associations -- the Colorado League of Charter Schools and the Education Alliance of Colorado -- are neutral on the issue. 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.