Colorado voters are rejecting the proposal to enshrine school choice in the state constitution, according to the early and unofficial results Tuesday night.

Because the measure would amend the constitution, it requires 55% voter approval to pass officially. According to the preliminary unofficial results released at 10 p.m., Amendment 80 currently is losing with 52.3% voting against it while 47.6% have voted to pass it.

The amendment aims to give each child between kindergarten and 12th grade the right to choose schools, including neighborhood schools, charter schools, private schools, home schools and other open enrollment options.

School choice continues to be a national debate, as proponents say it must be protected from future attacks. Advance Colorado gathered the required signatures to put the question on the 2024 Colorado ballot.

In September, Kristi Burton Brown of Advance Colorado said the Democratic-controlled state legislature continues to attack school choice rights, which is why an official constitutional amendment is essential.

However, opponents of the bill argued that the constitutional amendment is unnecessary because Colorado law already guarantees students the right to choose schools, believing it is a path that will eventually lead to vouchers in public schools to be used to pay private school tuition.

Gov. Jared Polis took a neutral stance on the measure: “I generally support this concept, but I’m not sure exactly what a constitutional right would mean legally.”

“Maybe it means that a parent could sue if the state ever tried to ban homeschooling or private school? In that case, it would be good to give parents more rights. On the other hand, it could lead to costly litigation with uncertain outcomes. I am NEUTRAL ON Amendment 80.”

Supporters of Amendment 80 include the following groups. 

• Colorado Association of Private Schools

• Colorado Catholic Conference

• Independence Institute

• Ready Colorado

• Centennial Institute at Colorado Christian University

Opponents of Amendment 80 include the following organizations: 

• Colorado Education Association

• ACU of Colorado

• Colorado Democratic Party

• Denver Public Schools

• Christian Home Educators of Colorado