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Legislative Year: 2024 Change
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Bill Detail: HB24-SAM80

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Title Right to School Choice
Status On the 2024 Ballot (09/19/2024)
Bill Subjects
  • Education & School Finance (Pre & K-12)
House Sponsors
Senate Sponsors
House Committee
Senate Committee
Date Introduced 01/05/2024
Summary

Shall there be an amendment to the Colorado constitution establishing the right to school choice for children in kindergarten through 12th grade, and, in connection therewith, declaring that school choice includes neighborhood, charter, and private schools; home schooling; open enrollment options; and future innovations in education?

AI Summary:

This proposed amendment to the Colorado constitution would establish a formal "right to school choice" for children in kindergarten through 12th grade. Here's a breakdown of the key components and potential implications:

Key Aspects of the Proposal:

Right to School Choice: The proposal seeks to place in the constitution the right for families to choose the type of school their child attends, expanding the current education system to include multiple options. 

Types of Schooling Covered:

    • Neighborhood Schools: These are traditional public schools that serve students in their local area based on geographic boundaries.
    • Charter Schools: Publicly funded but independently run schools that often have more flexibility in their curricula and operations compared to traditional public schools. They have different governance than publicly-monitored, public school board based school districts.
    • Private Schools: Schools funded through tuition and private sources rather than public funding. A school choice amendment may imply that funding mechanisms, like vouchers or tax credits, could be available to families who opt for private schools.
    • Home Schooling: Families would have a constitutional right to educate their children at home.
    • Open Enrollment Options: This refers to allowing students to attend public schools outside of their designated neighborhood zones, possibly opening the door for students to attend schools in different districts or areas based on availability.
    • Future Innovations in Education: This language suggests flexibility in adapting to new education models, such as online schooling, hybrid programs, or other emerging educational options.

Potential Implications:

Impact on Public School Funding: One significant consideration is whether this amendment would introduce or expand voucher programs or other public funding mechanisms that allow state education dollars to follow students to private or charter schools. Opponents might argue this could divert funds from public schools, while proponents might argue it increases competition and offers parents more control.

Expansion of Educational Opportunities: Supporters of the amendment might see this as a way to empower parents with more choices, allowing them to select the best educational setting for their children. They may argue that it encourages innovation and improves overall educational quality by fostering competition.

Equity Concerns: There are concerns about whether all families would have equal access to these choices, particularly if private or charter schools have selective admissions or charge tuition. Critics may argue that school choice programs could widen gaps in educational quality based on socioeconomic status.

Legal and Constitutional Effects: By embedding school choice into the state constitution, the amendment would make it much harder for future legislatures or local governments to pass laws related to school choice options. It could also open the door to litigation challenging existing restrictions on funding for private or charter schools.

Key Considerations:

  • Public Support and Voter Preferences: The success of this amendment would depend on how Colorado voters feel about the current education system, the role of government in regulating school choice, and the impact of public versus private funding in education.
  • Impact on Public Schools: Public school advocates may raise concerns about the financial and resource implications for neighborhood schools. 

This amendment proposal taps into broader debates about the future of education, equity, segregation, and the role of parental choice in determining educational outcomes for children.

Committee Reports
with Amendments
None
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes  
Additional Bill Documents  
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Votes House and Senate Votes
Vote Totals Vote Totals by Party
 
 
 
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