NO on Colorado Amendment 80

NO: Colorado Amendment 80 - “School Choice”

Boulder Progressives opposes Colorado Amendment 80. Here’s why:

Amendment 80 is misleading and harms pubic education. Public education is a public good that benefits everyone, and it’s essential that we continue to invest in it. Amendment 80 could jeopardize this by shifting focus and funding away from public schools, increasing disparities in access and quality. We must protect our public school system and ensure it remains a strong, well-funded pillar of our communities.

Stand with teachers. Vote NO on Amendment 80 to safeguard public education for all.

Why Vote NO on 80?

Hear why it’s important to vote NO on Prop 80 directly from soon-to-be-elected State Board of Education member (CD2), former BVSD Board of Education President, and education law professor Kathy Gebhardt:

Why I am voting NO on Amendment 80

Amendment 80 appears to be harmless enough. The language appears to be designed to not raise any concerns about what it could do. However, the truth is that it could end up doing quite a bit, and most of that would be harmful to Colorado’s schools and schoolchildren. After reading both the pros and cons for this amendment, I am a no.

Amendment 80 is a proposed amendment to the Colorado Constitution, to add three provisions, according to the official Bluebook mailed to voters by the state: 1) creating a right to school choice; 2) creating a right for parents to direct the education of their children; and 3) creating a right for all children to have an equal opportunity to access a quality education.

Choice is already deeply embedded in Colorado’s schools and in its laws. Here in BVSD, 40% of our students attend a school that is not their neighborhood school. Parents can send their child to a neighborhood school, an innovation school, a magnet school, or a charter school. Parents can also choose to homeschool or send their child to a private school. There simply is no reason to add language to the constitution that could very well backfire.

The most obvious concern, which many others have already focused on, is that Amendment 80 could open the door to vouchers. Colorado’s voters and legislators have soundly defeated vouchers every time they have been proposed. But this measure locks in a right to private schools for the first time ever in Colorado, and the fear is that this might lead a court to require that taxpayer money be diverted to subsidize this right . Private schools do not have to accept all students, and our laws protecting students with disabilities and other vulnerable students have very limited reach to help students in these schools – particularly religious private schools. I believe our public dollars should support schools that provide opportunities for all our children.

Colorado already underfunds public education. We rank 5th from the bottom in a recent analysis conducted by USA Today. We need to be investing more in our public schools, not taking a chance on a measure that would take away funding from our schools.

Another provision of Amendment 80 creates a right for parents to direct their child’s education. This isn’t about parental engagement, which is essential to the success of our schools and students. In fact, this parental-rights language is similar to the approach taken by Moms for Liberty. An open question – left to a judge sometime in the future – is whether this language would give each parent the right to direct lessons, student classroom assignments, book assignments, and much more.

Finally, this amendment could impact a locally elected school board’s ability to regulate or close an under-performing, under-enrolled, or even fiscally irresponsible charter school. Many factors are taken into consideration by a local board in reaching a decision about a charter school. Under what circumstances does a parent’s right to a charter school be enforced to demand that a charter remain open, regardless of other constitutional, operational, or financial concerns?

For all these reasons, I encourage you to vote NO on Amendment 80.
— KATHY GEBHARDT

Opposition Statements

Colorado Education Association (Teacher’s Union)

“Proponents of Amendment 80 have been working to mislead voters since this campaign started, claiming this measure is about protecting school choice–which Colorado parents have had for 30 years–when it’s really about opening the door to creating a voucher system. Now they are blatantly misrepresenting the position of…thousands of teachers across the state, who have been vocally opposing this damaging initiative that would open the door to diverting millions in funding away from the public schools that educate 95% of our kids and funnel it to private schools.”

ACLU of Colorado

“if Amendment 80 passes, its proponents will use the new constitutional right of a parent to direct their child's education to attempt to justify book banning, to remove race, ethnicity, or sex education from school curriculum, to sue schools for following state non-discrimination laws, and to interfere with school activities in countless other ways.“

Colorado State Board of Education members Lisa Escarcega and Kathy Plomer

“Amendment 80, brought by wealthy, in and out-of-state organizations, is part of a nationally coordinated master plan to go around voters in states where voucher proponents have been unsuccessful in passing state voucher laws.”

Eric Budd’s Voter Guide

"People in Colorado have a full set of options for school choice for their children. Amendment 80 would not increase that choice, but rather enable the spending of public school dollars on private education.”

Colorado Working Familes Party

NO on Amendment 80 (allowing public school funds to be redirected to private schools)”

Learn More About 80:

Amendment 80 threatens the foundation of public education in Colorado. While it claims to create a constitutional right to school choice, the reality is that Colorado already provides a variety of educational options, including public, charter, and homeschool alternatives. The current system balances choice with a commitment to public education, ensuring that taxpayer dollars support schools that serve the entire community.

Amendment 80 opens the door to significant risks. By elevating school choice to a constitutional right, this amendment could pave the way for legal challenges aimed at funneling public funds to private and home schools. This would undermine Colorado’s longstanding ban on public funding for private education and could weaken the resources available to public schools, which serve the vast majority of students.