School choice ballot initiative a big win for homeschoolers | PODIUM | Opinion

The right to school choice, including the freedom to homeschool our children, is one of the best freedoms we enjoy in Colorado… for now.

Current state law supports charter schools, provides for private schools, allows homeschooling with very few restrictions and requires open enrollment at neighborhood public schools, allowing parents to cross district lines to choose a better school. The right for parents to choose the best educational option for their children exists in our state, but it is not guaranteed forever. The only way to cement the right to school choice for generations to come — and to be sure a parent’s right to direct their children’s education is permanently protected — is to put it in the state constitution.

Thankfully, we’ll have an opportunity to do just that in November. Initiative 138 has turned in more than 200,000 voter signatures and should be certified to the ballot in August. Polling shows nearly 70% of Coloradans support putting the right to school choice in our constitution, with a small minority opposing it.

Any parent, no matter what school their child attends, can see preserving the right to school choice is an important step forward for Colorado. It benefits all families and all education options. As homeschool moms who are politically involved, we chose to write specifically about why Initiative 138 benefits homeschooling families. Homeschooling grew by 8% in Colorado in the last year and has become an increasingly popular — and feasible — option for families, especially since COVID forced many families to try it out.

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At the federal level, the Supreme Court has recognized a parent’s right to raise their child, but — notably — this does not include the right to educate their child. States are allowed to have their own law on homeschooling, and this is why you see such a variety of restrictions or openness to homeschooling across the nation. Colorado homeschoolers perform well above average on standardized testing, but parents remain wary the current state government, with its propensity to control lives and enact regulations, will soon make it more difficult to homeschool. This is a legitimate concern.

The best way to preserve the right to homeschool is to place the right to school choice (which includes homeschooling in its definition) in the constitution along with a recognition that parents have the right to direct the education of their children. This would expand parents’ rights beyond what the federal government recognizes and would make Colorado the most homeschool-friendly state in the nation. This is great news for the ever-increasing number of families who want to make this choice.

Some homeschool leaders are wary of ever mentioning the word “homeschool” in state law. They believe by giving out a right, the government earns the power to restrict it. This is a well-intentioned opinion, but misguided. The government requires no permission from citizens to regulate homeschooling — or private, charter, or public schools — tomorrow. Including a right in the constitution actually prevents the government from taking it away; it limits the government’s ability to restrict and regulate that right rather than opening the door for greater government intervention.

Furthermore, if we have a proper understanding of law, we know placing a right in the constitution does not amount to government “granting” this right — especially not when the constitutional amendment is placed on the ballot by citizens and voted in by citizens. This is a clear example of the people forcing the government to recognize and protect a right we already have. It stops government regulation in its tracks and prevents the state from acting as if it knows better than parents what kind of education is good for our children.

The foundation of homeschooling is the belief parents know better than the government how to direct the education of their children. That’s exactly what Initiative 138 would force the government to acknowledge, and, wherever you choose to educate your children, it’s the best possible step we can take right now in Colorado to cement our rights forever.

Kristi Burton Brown is executive vice president of Advance Colorado. Carrie Geitner is an El Paso County commissioner. Both homeschool their children