Results Tuesday night were too close to call for Amendment 80, a ballot measure aimed at protecting parents’ right to school choice in the state constitution — including the right to private schools.

As of 11:20 p.m., when most counties planned to stop counting, the figure was nearly 48%. of Colorado voters had voted for the measure, while about 52% voted against it. The measure requires support from 55% of voters to pass.

The Associated Press estimated that about 65% of the votes had been counted.

The ballot measure, backed by the conservative political nonprofit Advance Colorado Action, has drawn sharp criticism from a broad group of public school advocates who fear it could pave the way for a voucher program that diverts public money to private schools , including those with a religious voucher program.

Fields has argued that enshrining the right to school choice in the state constitution is a necessary step to forestall future attacks on school choice at the state Capitol. Parents’ right to school choice is already protected by state law, but state law can change each year as the legislature proposes and passes legislation.

A bill introduced by a group of liberal Colorado Democrats during the 2024 legislative session sought to create stricter regulations for charter schools that could have affected how they operate. Sweeping reforms included repealing a law that allowed charter schools to occupy school district facilities without paying rent and giving school boards the power to revoke or not renew a contract with a charter school if enrollment in the district or at of charter schools are declining. That bill, which charter school advocates called “a blatant attack on charter schools and charter school families,” failed.

Opponents of the ballot measure have countered that Colorado already has enough protections in place to protect parents’ right to choose schools. Many critics view Amendment 80 as a disguised attempt to lay the groundwork for a nationwide voucher program.

Fields rejected the idea that Amendment 80 could set up a voucher program, especially since there are no costs associated with the ballot measure.

However, the ballot measure in the 2024 election blue book says the measure could increase spending on counties and the state for “legal and planning costs.”

“Depending on how the measure is interpreted by the courts and state legislature, the measure may alter the allocation of state or local funding for education,” the blue book states.

Previous attempts to introduce a voucher program in Colorado had failed. The few school voucher programs that were introduced were challenged in court and eventually dismantled, including a school voucher law that was struck down by a Denver judge in 2003 on the grounds that it violated local control provisions in the state constitution.

The controversy over Amendment 80 came to a head last month after a misleading text message from an unknown source suggested that Vick supported Amendment 80.

The ballot measure has also raised questions about the future of parental involvement in schools as it aims to give parents the right to determine their child’s education. Some education advocates worry that providing educational services could lead to lawsuits from parents against schools over homework or the use of books in the classroom. Advance Colorado Action leaders, meanwhile, say this does not give parents the right to control the curriculum, books or other components of their child’s education.

Public Schools Strong, which is funded primarily by teachers unions, spent $4.6 million by Oct. 23 to oppose the change and raised another $45,000 from major donors by Tuesday. The nonprofit Colorado Dawn said it spent nearly $1.9 million to support her.