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  • National Overview
  • Select Your State
  • About The Index

PARENT POWER!

  • National Overview
  • Select Your State
  • About The Index
Menu
  • National Overview
  • Select Your State
  • About The Index

PARENT POWER!

  • National Overview
  • Select Your State
  • About The Index
Menu
  • National Overview
  • Select Your State
  • About The Index

Colorado

U.S.
Rank

#9
Overall PPI Score:
76.5%
PPI Grade Key:
← Back to Colorado state overview
A
B
C
D
F
  • Opportunity
  • Innovation
  • Policy Environment

Charter Schools

Score:

85%

Grade:

B

Rank:

#7

Colorado’s charter schools are well-funded and well recognized in the state and around the country and enjoy bi-partisan and broad public support.

Fast Facts:

Law passed: 1993

Most recently amended: 2019

Number of charter schools: 266

Number of charter students: 126,947

Cap on the number of schools allowed:? No

Virtual charters allowed? Yes

Charter Law Analysis:

AUTHORIZERS: Local districts and the Colorado Charter Schools Institute (CCSI), a statewide authorizer, but only in districts that do not have exclusive operating authority. Districts with fewer than 3,000 students automatically receive exclusive operating authority, or those that apply for it. Appeals for denied applications go to the state board of education, which can require the district to reconsider. Second appeals go back to the state board which can then overturn the decision and require the local district or CCSI to authorize. The State Board has had to intervene in several district attempts to close successful charter schools, such as the case of Vega Collegiate Academy in Aurora in 2019, which, in its first year of operating in 2017-18 had the state’s highest math growth scores. Despite that, the district voted to shut down the school. After the State Board intervened, the district unanimously reversed the decision.

GROWTH: No caps here, and there has been steady growth in the state with a 5% increase in the number of students attending charters in the last year.

OPERATIONS: Charter schools receive automatic waivers from many laws and regulations that govern districts, providing a reasonable amount of autonomy.

EQUITY: Operations funding is to be no less than 95% according to law.  Limited facilities funding in the form of grants from the state’s Building Excellent Schools Today (BEST) program, a competitive grant program, can be used for constructing new school facilities, including charter schools.  Starting with the 2019-2020 school year, local school boards are required to implement a plan for distributing the additional mill levy (tax) revenue districts collect each year to charter or innovation schools in the district. Alternatively, local school boards may distribute to charter and innovation schools in the district an amount equal to at least 95% of the district’s per-pupil mill levy share for the applicable budget year. Charter schools authorized by CCSI, not local school boards, have access to a mill levy equalization fund, which is funded by legislative appropriation.

Learn More:

Colorado Charter Law

Colorado League of Charter Schools

Choice Programs (Scholarships, Vouchers, Tax Credits, etc.)

Score:

65%

Grade:

D

Rank:

#21

There are no choice programs in this state.

Fast Facts:
Choice Laws & Analysis:
Learn More:

2019 ALEC Report Card on American Education

Teacher Quality

Score:

72%

Grade:

C

Rank:

#26

Does not set a bar for entry to teacher prep programs and has only average requirements for teachers to demonstrate content knowledge; however does offer financial incentives to teachers for certain high needs areas.

TRAINING AND RECRUITMENT: 69%
General Teacher Preparation 68%
Elementary Teacher Preparation 80%
Secondary Teacher Preparation 65%
Special Education Teacher Preparation 65%
Alternate Routes 65%  

STAFFING AND SUPPORT: 71%
Hiring 60%
Retaining Effective Teachers 82%

TEACHER EVALUATION: 81%

TEACHER COMPENSATION: 68%

Learn More:

National Council for Teacher Quality State Teacher Policy Database

Charter Schools

Score:

85%

Grade:

B

Rank:

#7

Colorado’s charter schools are well-funded and well recognized in the state and around the country and enjoy bi-partisan and broad public support.

Fast Facts:

Law passed: 1993

Most recently amended: 2019

Number of charter schools: 266

Number of charter students: 126,947

Cap on the number of schools allowed:? No

Virtual charters allowed? Yes

Charter Law Analysis:

AUTHORIZERS: Local districts and the Colorado Charter Schools Institute (CCSI), a statewide authorizer, but only in districts that do not have exclusive operating authority. Districts with fewer than 3,000 students automatically receive exclusive operating authority, or those that apply for it. Appeals for denied applications go to the state board of education, which can require the district to reconsider. Second appeals go back to the state board which can then overturn the decision and require the local district or CCSI to authorize. The State Board has had to intervene in several district attempts to close successful charter schools, such as the case of Vega Collegiate Academy in Aurora in 2019, which, in its first year of operating in 2017-18 had the state’s highest math growth scores. Despite that, the district voted to shut down the school. After the State Board intervened, the district unanimously reversed the decision.

GROWTH: No caps here, and there has been steady growth in the state with a 5% increase in the number of students attending charters in the last year.

OPERATIONS: Charter schools receive automatic waivers from many laws and regulations that govern districts, providing a reasonable amount of autonomy.

EQUITY: Operations funding is to be no less than 95% according to law.  Limited facilities funding in the form of grants from the state’s Building Excellent Schools Today (BEST) program, a competitive grant program, can be used for constructing new school facilities, including charter schools.  Starting with the 2019-2020 school year, local school boards are required to implement a plan for distributing the additional mill levy (tax) revenue districts collect each year to charter or innovation schools in the district. Alternatively, local school boards may distribute to charter and innovation schools in the district an amount equal to at least 95% of the district’s per-pupil mill levy share for the applicable budget year. Charter schools authorized by CCSI, not local school boards, have access to a mill levy equalization fund, which is funded by legislative appropriation.

Learn More:

Colorado Charter Law

Colorado League of Charter Schools

Choice Programs (Scholarships, Vouchers, Tax Credits, etc.)

Score:

65%

Grade:

D

Rank:

#21

There are no choice programs in this state.

Fast Facts:
Choice Laws & Analysis:
Learn More:

2019 ALEC Report Card on American Education

Teacher Quality

Score:

72%

Grade:

C

Rank:

#26

Does not set a bar for entry to teacher prep programs and has only average requirements for teachers to demonstrate content knowledge; however does offer financial incentives to teachers for certain high needs areas.

TRAINING AND RECRUITMENT: 69%
General Teacher Preparation 68%
Elementary Teacher Preparation 80%
Secondary Teacher Preparation 65%
Special Education Teacher Preparation 65%
Alternate Routes 65%  

STAFFING AND SUPPORT: 71%
Hiring 60%
Retaining Effective Teachers 82%

TEACHER EVALUATION: 81%

TEACHER COMPENSATION: 68%

Learn More:

National Council for Teacher Quality State Teacher Policy Database

Digital & Personalized Learning

Digital Learning:

Score:

85%

Grade:

B

Rank:

#6

In light of  COVID-19, the state has made an effort to ensure districts have enough devices for all of their students. The state is still struggling with internet connectivity gaps for rural communities, which has been an ongoing problem long before the pandemic. Many rural districts are working with Colorado Empowered Learning, which works towards enhancing equity and access by providing support for schools to implement technology into the classroom. There are currently more than 100 participating school districts. 

Colorado Digital Learning Solutions is a state virtual school that opened in 2015 to provide statewide online and blended learning to middle and high school students in district and charter schools. CDLS offers supplemental courses in credit retrieval, AP, Career and Technical Education, and Dual Enrollment. There are approximately 178 participating districts, and in 2019 there were over 2,500 students enrolled. 

Colorado’s Adams 12 Five Star Schools are a part of the Digital Promise League of Innovative Schools, giving digital learning opportunities to approximately 40,000 students in the state. The League of Innovative Schools is a network of school leaders in 114 districts in 34 states that aim to enhance and scale digital learning opportunities for students across the nation. 

Bandwidth: “99.8% of students in Colorado can access the Internet at speeds of 100 kbps per student, and many students are connected at higher speeds. But there is still work to be done. 1,963 students still need more bandwidth for digital learning.”

Personalized Learning:

Colorado’s graduation requirements are one of the most flexible and innovative  in the country, encouraging competency over time on task. “In addition to traditional measures, there are myriad performance-based assessments that students can use to demonstrate readiness. Local school districts also have the authority to adapt demonstrations of competency to accommodate for the unique needs of students with disabilities and English learners.” The state provides a menu of options for students to demonstrate college and career readiness ranging from SAT and ACT scores, and capstone projects or industry certificates. 

The Innovation School Act of 2008 promotes personalized learning by giving districts the flexibility to experiment with new and creative instructional practices in the classroom. There are currently 106 innovation schools in the state. 

In 2019 legislation created the Innovative Learning Opportunities Pilot Program, offering high school students experiences outside of the classroom to prepare them for college and career with apprenticeships, residency programs, and college courses. “The 2020-21 school year will be the pilot year of the Innovative Learning Opportunities Program. It is the intent of the General Assembly to increase the number of LEPs that participate in this program to 100% participation by 2025-26”

On a district level, Westminster Public Schools is the largest school district in the nation to use a fully competency-based learning model from preschool to high school. 

Learn More:

Colorado Empowered Learning

Colorado Digital Learning Solutions

Adams 12 Five Star Schools

Innovation School Act

Innovative Learning Opportunities Pilot Program

COVID-19 Response

Colorado’s response to the COVID-19 pandemic included a relatively early decision to close schools, with guidance for schools to make every effort to provide alternative learning opportunities while taking their communities’ needs into account.

On March 24, the state released guidance for remote instruction.

“CDE acknowledges how challenging and evolving these circumstances are and how varied our districts are in their resources and capabilities. When school cannot be conducted in-person, we know that it is not possible to provide the same educational experience. We know it will take creativity, ingenuity and flexibility to provide alternative learning opportunities for students and that those will differ based on local contexts and individual student needs.”

Overall, schools were encouraged to continue instruction so students could continue learning in the midst of the crisis. Colorado provided a strong resource page for technological resources and educational tools to enhance the distance learning process. Additionally, resources were provided that helped train teachers and users in these platforms. Learn more.

Governor Polis was very forceful in his push to have schools reopen for in person instruction.

Fast Facts

4th Grade Math Proficiency:

37%

8th Grade Math Proficiency:

28%

12th Grade Math Proficiency:

24% (nat'l average)

4th Grade Reading Proficiency:

38%

8th Grade Reading Proficiency:

35%

12th Grade Reading Proficiency:

37% (nat'l average)

Graduation Rate:

81%

Average SAT Score:

1021/1600

Average ACT Score:

23.2/36

Public School Enrollment:

880,597

Percent Enrolled in Charter Schools:

14%

Average Student Funding:

$11,602.00
Digital & Personalized Learning
Digital Learning:

Score:

85%

Grade:

B

Rank:

#6

In light of  COVID-19, the state has made an effort to ensure districts have enough devices for all of their students. The state is still struggling with internet connectivity gaps for rural communities, which has been an ongoing problem long before the pandemic. Many rural districts are working with Colorado Empowered Learning, which works towards enhancing equity and access by providing support for schools to implement technology into the classroom. There are currently more than 100 participating school districts. 

Colorado Digital Learning Solutions is a state virtual school that opened in 2015 to provide statewide online and blended learning to middle and high school students in district and charter schools. CDLS offers supplemental courses in credit retrieval, AP, Career and Technical Education, and Dual Enrollment. There are approximately 178 participating districts, and in 2019 there were over 2,500 students enrolled. 

Colorado’s Adams 12 Five Star Schools are a part of the Digital Promise League of Innovative Schools, giving digital learning opportunities to approximately 40,000 students in the state. The League of Innovative Schools is a network of school leaders in 114 districts in 34 states that aim to enhance and scale digital learning opportunities for students across the nation. 

Bandwidth: “99.8% of students in Colorado can access the Internet at speeds of 100 kbps per student, and many students are connected at higher speeds. But there is still work to be done. 1,963 students still need more bandwidth for digital learning.”

Personalized Learning:

Colorado’s graduation requirements are one of the most flexible and innovative  in the country, encouraging competency over time on task. “In addition to traditional measures, there are myriad performance-based assessments that students can use to demonstrate readiness. Local school districts also have the authority to adapt demonstrations of competency to accommodate for the unique needs of students with disabilities and English learners.” The state provides a menu of options for students to demonstrate college and career readiness ranging from SAT and ACT scores, and capstone projects or industry certificates. 

The Innovation School Act of 2008 promotes personalized learning by giving districts the flexibility to experiment with new and creative instructional practices in the classroom. There are currently 106 innovation schools in the state. 

In 2019 legislation created the Innovative Learning Opportunities Pilot Program, offering high school students experiences outside of the classroom to prepare them for college and career with apprenticeships, residency programs, and college courses. “The 2020-21 school year will be the pilot year of the Innovative Learning Opportunities Program. It is the intent of the General Assembly to increase the number of LEPs that participate in this program to 100% participation by 2025-26”

On a district level, Westminster Public Schools is the largest school district in the nation to use a fully competency-based learning model from preschool to high school. 

Learn More:

Colorado Empowered Learning

Colorado Digital Learning Solutions

Adams 12 Five Star Schools

Innovation School Act

Innovative Learning Opportunities Pilot Program

COVID-19 Response

Colorado’s response to the COVID-19 pandemic included a relatively early decision to close schools, with guidance for schools to make every effort to provide alternative learning opportunities while taking their communities’ needs into account.

On March 24, the state released guidance for remote instruction.

“CDE acknowledges how challenging and evolving these circumstances are and how varied our districts are in their resources and capabilities. When school cannot be conducted in-person, we know that it is not possible to provide the same educational experience. We know it will take creativity, ingenuity and flexibility to provide alternative learning opportunities for students and that those will differ based on local contexts and individual student needs.”

Overall, schools were encouraged to continue instruction so students could continue learning in the midst of the crisis. Colorado provided a strong resource page for technological resources and educational tools to enhance the distance learning process. Additionally, resources were provided that helped train teachers and users in these platforms. Learn more.

Governor Polis was very forceful in his push to have schools reopen for in person instruction.

Fast Facts

4th Grade Math Proficiency:

37%

8th Grade Math Proficiency:

28%

12th Grade Math Proficiency:

24% (nat’l average)

4th Grade Reading Proficiency:

38%

8th Grade Reading Proficiency:

35%

12th Grade Reading Proficiency:

37% (nat’l average)

Graduation Rate:

81%

Average SAT Score:

1021/1600

Average ACT Score:

23.2/36

Public School Enrollment:

880,597

Percent Enrolled in Charter Schools:

14%

Average Student Funding:

$11,602.00

Leadership

Your governor:

Jared Polis (D)

First term began in 2019 (two-term limit)

Democratic Governor Jared Polis was re-elected and has always been an ally to those who believe in parent power and allowing families to choose the best educational path for their children even having founded and co-founded two different charter schools.  Colorado has made strides in the area of traditional school choice and other innovations.  Here’s hoping Governor Polis will roll up his sleeves and continue to find creative ways to transform Colorado into a national leader of education policy.

State Legislature:

The House and Senate, both Democrat controlled, have enacted some educational choice policies in recent years, but most of the time are more influenced by the state’s teachers union than anything else. In 2019, the Senate passed a bill that would have disconnected the state’s 529 savings programs from the federal tax code, which would prevent parents in the state from using their 529 funds for K-12 education costs. Thankfully, the bill was defeated in the House which has consistently put students first in education policy decisions over the last couple years.

Constitutional Issues

Colorado’s constitution contains a Blaine Amendment which has been used to limit educational options for families in Colorado.

Learn More:

Institute for Justice: Colorado School Choice and State Constitution

Transparency

Transparency and accountability data from school report cards are easily accessible on the DOE homepage by clicking School View on the banner and Data Center. Report cards are not user-friendly, as you must click through various tabs to find information that is often missing or dated. Educational options are easy to find right on the main page, under Quality Schools, which is a plus.

The citizens of Colorado get to vote in school board elections when they go to the polls for other races, which is good for parent power.

Leadership
Your governor:

Jared Polis (D)

First term began in 2019 (two-term limit)

Democratic Governor Jared Polis was re-elected and has always been an ally to those who believe in parent power and allowing families to choose the best educational path for their children even having founded and co-founded two different charter schools.  Colorado has made strides in the area of traditional school choice and other innovations.  Here’s hoping Governor Polis will roll up his sleeves and continue to find creative ways to transform Colorado into a national leader of education policy.

State Legislature:

The House and Senate, both Democrat controlled, have enacted some educational choice policies in recent years, but most of the time are more influenced by the state’s teachers union than anything else. In 2019, the Senate passed a bill that would have disconnected the state’s 529 savings programs from the federal tax code, which would prevent parents in the state from using their 529 funds for K-12 education costs. Thankfully, the bill was defeated in the House which has consistently put students first in education policy decisions over the last couple years.

Constitutional Issues

Colorado’s constitution contains a Blaine Amendment which has been used to limit educational options for families in Colorado.

Learn More:

Institute for Justice: Colorado School Choice and State Constitution

Transparency

Transparency and accountability data from school report cards are easily accessible on the DOE homepage by clicking School View on the banner and Data Center. Report cards are not user-friendly, as you must click through various tabs to find information that is often missing or dated. Educational options are easy to find right on the main page, under Quality Schools, which is a plus.

The citizens of Colorado get to vote in school board elections when they go to the polls for other races, which is good for parent power.

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Charter Schools

Charter schools are public schools, open by choice, free from most rules and regulations that hamper traditional public schools and held accountable for results.

Since 1991, when charter schools were first established in Minnesota, the principle has remained the same — increased operational autonomy in exchange for increased accountability for outcomes. This freedom to innovate allows academically excellent charter schools to flourish.

As of 2020, there were more than 7,300 charter schools across the country with more than 3.3 million students, with demand higher everywhere they are located. Forty-six states, including Washington, D.C. have charter school laws. West Virginia enacted the most recent law in 2019. All charter laws are not created equal, however, and in fact, many are so flawed that they allow for only minimal opportunity for parents. PPI draws from CER’s newest Charter School Law Rankings and Scorecard, produced in the summer of 2020. For the US as a whole, the glass is more empty than full when it comes to meaningful charter choices.

Since 1996, CER has researched, analyzed, and ranked charter school laws, taking the content of each law into consideration as well as how it impacts charter schools on the ground. This Parent Power Index looks at four main areas of each state’s law:

If it allows for multiple authorizers, and if applicants have the ability to appeal a denial; whether it allows for growth, particularly with no caps on number of schools or enrollment; if schools and teachers have freedom to innovate; and if there is equitable funding of schools, including for facilities and transportation.

Charter schools are the most analyzed public school reform in decades. Since 1996, CER has studied their impact, their environment, and their practice and made recommendations for how to improve each law. The Parent Power Index charter score is based on whether the law allows for freedom and flexibility that can ensure parents, teachers and the general public are able to build vibrant, successful charter schools without undue interference from flawed state regulators, with equitable funding and parents in the driver’s seat. More about how this works can be found in CER publications, most notably Charting a New Course and The Future of School.

In addition, past rankings document how states have grown or confined charter schools and what best practices should be followed. Finally CER has provided a model charter school law for policymakers that is the standard bearer for advocates who believe that parents, not systems, should drive education.

Choice Programs

Educational choice is best defined as the availability of a multitude of public programs that provide parents with the ability to include private and religious entities – schools, tutoring, and other organizations – in their choices. Those programs are enacted at the state level, allowing in a wide variety of ways that the funds allocated for education in a state either follow the student to the institution the parent chooses or, as in the case of tax credits, public funds are redistributed to support the choices parents make, rather than automatically going to government based school districts.

These options are often referred to as scholarship programs, vouchers, tax credits, education accounts and more.

The existence of a higher degree of educational choice in a community or state, particularly for lower income students, has been found to be a significant factor in improving education and ensuring all students have access to the best school that meets their individual needs. Where once private options were only available to the more advantaged, most choice programs today ensure that those without resources have the power to shape their student’s education and invest in their future.

PPI 2020 assesses the extent to which every state gives families better and more abundant educational options through various mechanisms. Choice programs are analyzed and evaluated on their potential to reach all children across a state and for the degree to which they can actually support the full choice of parents, as opposed to only providing a modest amount of financial support. Programs where a significant population of parents can obtain scholarships or vouchers to send their children to the school of their choice score higher than those that have limitations based on geography, income, and student eligibility constraints.

To determine scores, PPI relies on well-established organizations which study, advance and support such programs. The scores were developed with this lens, and on information and ratings from EdChoice’s School Choice in America Dashboard, American Legislative Exchange Council’s Report Card on American Education: 23rd Edition, and American Federation for Children’s School Choice Interactive Map.

Teacher Quality

Teacher Quality is an equally important facet of ensuring greater educational opportunity. There is a direct correlation between quality teachers and student achievement, and teachers have the power to foster highly effective learning environments and leave a lasting impact on the future of their students. State teacher policies are critical in ensuring that students have the opportunity to receive the best education possible. Without schools full of well-prepared teachers who are held accountable either directly to the parent or to taxpayers for student achievement, opportunity can be meaningless. Most states vary widely in the criteria used to train, hire, retain, evaluate, reward and advance teachers, and local rules also influence that criteria greatly, as do teachers unions. PPI looked again to the expert analysis of the National Council of Teacher Quality, and from several aspects of their work PPI extrapolated final teacher quality scores. (NCTQ does not grade each state.)

Relying solely on the rich data collected from the National Council on Teacher Quality, states are measured by across a wide range of policy categories: Training and Recruitment, Staffing and Support, Evaluation, and Compensation. The score is by no means comprehensive about teacher quality across every community and state, but it is based on the extent to which states rigorously expect, manage and measure different aspects of teacher training, hiring, evaluation and compensation. States score higher when they have strong, data-driven, performance-based accountability systems that ensure teachers are rewarded, retained, and advanced based on their effectiveness. Likewise, states that establish rigorous teacher preparation programs and offer alternative licensing programs earn higher scores.

For more information about the Teacher Quality landscape, please see the National Council on Teacher Quality’s detailed analysis in their State Teacher Policy Database.

Innovation

States are measured on their increasing commitment to and practice of innovative approaches to education that include digital learning models and pathways, full or in part, encouraging personalized learning through focus on competency and mastery – even on a pilot level – or by allowing flexibility in schools and school districts that want to do it. Personalized learning models value mastery of material over traditional subject matter time tests, and competency over end of course grades. While these practices are best decided locally, closest to the student, states can motivate, incentivize, fund, discourage or encourage.

To determine scores, the PPI drew heavily from ExcelinEd’s 2019 State Progress Toward Next Generation Learning, Aurora Institute’s 2020 Future-Focused State Policy Actions to Transform K-12 Education, and KnowledgeWorks’ 2019 State Policy Framework for Personalized Learning.

COVID-19 Response

When COVID-19 reached our shores in early 2020, states were forced to close their schools for in-person instruction. Whether and how to continue teaching and set expectations for continued learning outside of the classroom was a big debate. Many states and schools quickly pivoted to delivering education remotely, either through technology enabled tools or with low-tech paper packets and phone calls, or a combination of both. The response from schools and school districts varied widely, with some being willing to adapt and some actually discouraging both teaching and learning. CER tracked those responses (and continues to do so, given the fluidity of the situation). States that were encouraging, set expectations, and demanded that schools figure out whatever they could to keep moving students forward, tended to have more schools and districts that responded well and worked to deliver education regardless of challenges. Many states that had digital or virtual learning programs in place were able to make a more seamless shift. Innovative leaders at local and state levels rose to the occasion. But many states and localities dragged their feet and, in some cases, outright discouraged schooling to keep going, including forbidding teachers in some areas to be required to do any face to face teaching via technology.

States were evaluated based on reviewing their official notices and declarations, and by reviewing a broad array of surveys and data many groups have been maintaining. This score also factors in states’ prior commitments to expanding broadband and internet access and how they worked to provide devices to keep students learning and engaged.

What was, and is, a challenging and unprecedented time for schools, teachers, and parents was also an opportunity to look at states’ and schools’ abilities to adapt, be flexible, and innovate.

For more on Education Innovation, check out the CER ACTION Series:

  • Virtual Events & Videos
  • Key Data
  • Resources
  • Publications

Leadership

Improving education opportunity and innovation requires leaders who boldly and courageously push forward to create or expand successful programs that allow a wide variety of educational choice and individualized programs to thrive. Governors and state legislators are the most important entities in each state to pave the way, or deter, expanded parent power. Some leaders pay lip service to issues, while others wake up with a fire in their belly to ensure that they are doing what they can every day to push through conventional wisdom and demand 21st century schooling opportunities for all students.

Whether or not your governor is the bold, fire-in-the-belly kind, or a passive applauder of others’ efforts, is evaluated to help you push or prod or applaud. PPI looks at their positions AND actions on charter schools, choice programs, innovation, and commitment to increasing educational opportunities for all students at every level and summarizes it for you here. You have the power to elect leaders who prioritize parents and students!

Constitutional Issues

The ability for states to enact educational change can be significantly limited depending on certain provisions in state constitutions.

The most common clause that limits educational opportunity in most states are “Blaine Amendments” – named after 19th century Congressman James Blaine nearly 150 years ago. Historically, these provisions in 37 state constitutions were either interpreted to restrict educational choice programs that include private schools or have been a deterrent for many programs being considered, let alone enacted.

This issue received a great deal of press leading up to and following the U.S. Supreme Court’s June 30, 2020 decision in the case of Espinoza vs Montana Department of Revenue, a case that dealt with Montana’s Blaine Amendment. That landmark decision found that the U.S. Constitution “forbids states from excluding religious schools as options for families participating in educational choice programs, including through Blaine Amendments.”

As a result, most states have a new path to enact programs that provide options for families, including religious schools. Their individual versions of Blaine Amendments can either be nullified with attorney generals’ opinions, with legislation or with both. Additional restrictions on expanded opportunity are often dedicated by what is called a Compelled Support Clause where dated constitutional language restricts public funding to government entities.

We look at each state’s particular constitutional issues, utilizing a number of sources, CER attorney analysis and the Institute for Justice’s research as our guide. Additional information about Espinoza and Blaine Amendments can be found here.

In addition, if states have other constitutional barriers to more opportunity, they are evaluated in this area.

Transparency

Transparency is a key element of providing great opportunities for students. Every parent needs and deserves full transparency of school-level data to allow them to make informed decisions and drive changes in how their students are educated. School report cards empower parents in their decision making by giving them access to meaningful and quality education data about a particular school or district. Report cards often provide information on student performance, student growth, attendance, graduation rates, demographics, teacher quality, school environment, assessments, and more. States that have greater transparency and accountability provide the public with data that is current, readily available, and easy to understand.

States are measured based on the transparency and accessibility of data for the average person looking to learn about their child’s school. States have more gas in the tank when school report cards are easily accessible from their state DOE homepage; report cards are comprehensive, user-friendly, and easy to understand; and information about educational options are readily available. Additionally, states score higher when they hold School Board Elections during the General Election cycle, as opposed to off-times of the year when turnout is low, because this tends to afford parents more power in their decision-making.