School Of Choice Unifringed
Bottom Line Up Front: School of Choice Uninfringed ultimately is about putting kids first, not systems. It means funding students, not institutions. It means trusting parents to know what environment their kids learn best in – be it a rigorous charter, a faith-based school that aligns with their values, or at home under mom’s tutelage – and not trapping anyone in a failing or misfit school because of address or income. The competition spurred will incentivize public schools to improve (and many will; we are pro-good-public schools too, which will always educate the majority). Our goal is a landscape where every Colorado child has access to a quality education that suits them, and every parent has the right and means to make that choice. When we free education, we free our children’s potential. There is no more important freedom to deliver to families, and we will not rest until Colorado’s school choice is truly uninfringed.
a. Empowering Parents and Students: We fervently support School of Choice Uninfringed, meaning families have the right to choose the best educational setting for their children – whether public, charter, private, homeschool, or online – without undue barriers or penalties. Education is not one-size-fits-all, and parents (not bureaucrats) are best positioned to decide what environment and curriculum align with their child’s needs and their values. “Uninfringed” implies the state should not restrict or sabotage those choices but rather facilitate them. This principle flows from the right of parents to direct the upbringing of their children (a fundamental right recognized in cases like Pierce v. Society of Sisters (1925)). Biblically, parents are tasked to train their children (Proverbs 22:6), reinforcing that it’s primarily their role, not the state’s.
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b. Current Landscape in Colorado: Colorado has elements of school choice: an open enrollment law within public schools (you can attend outside your neighborhood if space), a robust charter school sector (around 13% of public school kids are in charters), and support for homeschool (Colorado allows homeschooling with relatively light regulation, just some notification and periodic assessments). What Colorado does not have is private school choice programs like vouchers or Education Savings Accounts (ESAs) statewide – attempts have been blocked, partly due to the state’s Blaine Amendment which forbids public funds aiding religious schools. The most notable attempt was Douglas County’s voucher program in 2015, struck down by CO Supreme Court citing Blaine. In 2020, SCOTUS Espinoza decision weakened Blaine amendments legally, and in 2022 Carson v. Makin further said if state funds private secular schools it can’t exclude religious. So, conditions are favorable to revisit private school choice here. Additionally, recently there was Amendment 80 (2024), a ballot measure to enshrine a right to school choice in the state constitution.
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c. Action Items for School of Choice:
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1. Introduce Education Savings Accounts (ESAs): We will champion legislation creating ESAs, which allocate a portion of per-pupil funding into accounts parents can use for approved educational expenses – tuition at private schools, tutoring, curricula for homeschooling, online courses, etc. This is the modern voucher approach, often with more flexibility and less Blaine conflict since it can be framed as funds to parents (like a stipend, not direct to sectarian institution). We’ll make sure it’s structured to pass constitutional muster: funding the student, not the school, and allowing religious or non-religious uses neutrally. We'll likely face a court challenge but given recent SCOTUS, I’m optimistic. We’ll highlight how this helps low and middle-income families the most, leveling the field (wealthy already have choice by moving or paying private tuition; ESAs open opportunities for others). Possibly we start with a pilot focusing on at-risk students or districts where public schools are struggling to gain public support by showing success.
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2. Remove Barriers on Charters: Charter schools in Colorado are public and by law allowed, but they often face hostility from school districts that authorize them. We’ll strengthen charter law – e.g., make authorizing easier by expanding alternate authorizers (perhaps allow state Charter School Institute to oversee in all districts if local denies without good cause; currently some districts can opt out of CSI). Also ensure charters get equitable funding – including share of local mill levy overrides (Denver charters fought to get that; we’d codify equal per-pupil funding across district and charter). We also resist attempts to cap charters or impose moratoria some unions push. Let growth be driven by parent demand. Charters add diversity in teaching models and competition that lifts all schools.
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3. Protect Homeschool Freedom: Colorado homeschooling rights are decent, but we’ll look to streamline further. Possibly reduce testing or evaluation frequency if a homeschooler demonstrates performance (like if a kid is 90th percentile, maybe test less often). Also ensure umbrella options like independent school enrollment for homeschoolers remain available. And guarantee homeschooled students access to extracurriculars at local public schools (CO law allows participation in sports, etc., we’ll safeguard that). During COVID, many discovered homeschooling, and some heavy-handed state regs were temporarily waived (like requiring certain hours). We’ll make sure any unnecessary homeschool regulations (like the exact hour count) are minimized as long as instruction is effective.
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4. Oppose Curriculum Monopoly or Content Mandates: School choice uninfringed also means letting different schools have different curricular emphasis (classical education, STEM focus, Montessori, etc.). We will not impose one state curriculum (especially on non-public schools). Recent controversies like certain sex ed mandates worried private and home educators; we will ensure those apply only to public schools. Even within public, we’ll promote giving options (opt-outs or offering alternative programs). The state’s role is to set basic standards (e.g. kids should know how to read, do math, understand civics), not to dictate how or with what philosophy that is taught in every setting.
5. Transportation and Information: A barrier to choice is sometimes transportation or knowledge. We might propose a grant program for innovative transportation solutions (like a stipend or ride-share program) for low-income families to get to schools of choice across town. Additionally, a user-friendly online portal that shows all schooling options, public and private, in one place with performance data – empower parents with information. Also, require that open enrollment processes in districts be fair and not favor insiders (lotteries should be transparent).
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6. Funding Parity and No Penalties: Ensure that if a student leaves a public school for a private one via any program, the public school isn’t double-funded for a student not there, but also that school doesn’t have fixed costs issues – we can structure gradually to avoid shocks. But funding “follows the student” as much as possible. And absolutely, no retaliation: e.g., if a family chooses private/homeschool, they shouldn’t have to pay school taxes twice (we can’t exempt them from property tax realistically, but that’s why giving them part of that money via voucher is fair). And no policy that a student leaving forfeits access to sports or concurrent enrollment or other benefit – if they part-time enroll for an AP class or sports, let them. This mix-and-match (hybrid schooling) should be easy, not bureaucratically hindered.
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7. Addressing Amendment 80 Defeat: It seems some voters feared that measure, thinking it might defund publics or benefit rich. We need to educate that choice helps all and that public schools remain funded and improved through competition. We’ll do grassroots outreach, especially in rural areas where folks worried about their small public schools closing. We can design choice to support rural education too (maybe micro-charters or co-ops). Gaining buy-in from rural legislators and families by showing how even there, choice (like an ESA could pay for broadband for online classes not offered locally, etc.) helps them. Next time if a constitutional change needed (like repealing Blaine or enshrining choice), we’ll run a better campaign with broad coalition – perhaps after demonstrating success of legislative program.
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8. Legal Defense of Choice: We anticipate teacher unions may sue to stop vouchers/ESAs citing Blaine. We will marshal legal defense using recent SCOTUS precedents that should override Blaine’s anti-aid clause as applied to religious school inclusion in a neutral program. We’ll take it as far as needed, possibly back to SCOTUS if needed (like Carson came from Maine’s program). I’m confident we’ll prevail. Meanwhile, we might attempt to refer a repeal of Article IX Sec 7 (Blaine) to voters again (Colorado tried in 2022 a measure to repeal Blaine but it didn't make ballot; we can try with legislature referral requiring 2/3 each house). Removing that language would smooth any court fight.