Supreme Court to Review Colorado Preschool Program Rules

The ruling may change how families access state-funded preschools and whether religious schools can receive program support.

Updated on Oct. 16, 2026 in Child Care

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The U.S. Supreme Court will hear arguments on November 3, 2026, regarding Colorado's requirements for religious schools in its universal preschool program. AI Illustration. Upload story photo >

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Should religious schools be required to follow state nondiscrimination policies to receive public funding?

The U.S. Supreme Court is set to hear a case on November 3, 2026, regarding Colorado's Universal Preschool Program. The legal battle centers on whether religious schools can participate in the state-funded program while maintaining their current admissions policies.

Why it matters

The outcome of this case could reshape how families access state-funded early education and how religious institutions navigate nondiscrimination policies in publicly funded programs. Parents who rely on these preschool slots for 15 hours of weekly support may see significant shifts in funding availability based on the court's decision.

The Colorado Universal Preschool Program offers up to 15 hours of weekly pre-k, though participants must adhere to nondiscrimination policies. Plaintiffs report tuition funding losses totaling $24,000 and $18,000 due to their exclusion from the program.

The players

U.S. Supreme Court

The nation's highest judicial body, responsible for interpreting constitutional rights in legal challenges.

St. Mary Catholic Parish

A religious institution in Littleton that offers education services and is currently excluded from the state program.

St. Bernadette Catholic Parish

A Lakewood-based religious institution that limits school enrollment based on religious morals and beliefs.

The details

Colorado requires participating preschools to sign a nondiscrimination policy that forbids denying admission based on sexual orientation. St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood limit enrollment to families willing to align with their religious beliefs. The plaintiffs argue that this state requirement infringes upon their First Amendment rights and unfairly penalizes families who prefer a Catholic-based early education.

Timeline

  1. 2023: Colorado implemented the Universal Preschool Program.

  2. November 3, 2026: The U.S. Supreme Court is scheduled to hear oral arguments.

The Home Front

This case highlights the ongoing tension between state-mandated nondiscrimination policies and the autonomy of private religious institutions in early education. It represents a significant legal test for how public funding interacts with religious schooling standards across the United States.

Families currently enrolled in or considering state-funded preschool should monitor the court's ruling for potential changes to program eligibility and funding. Ensure you keep copies of your enrollment documentation and school tuition records in case program requirements are modified following the court decision.

The takeaway

This case serves as a reminder to families to stay informed about the legal status of the educational programs that support their household budget. Consider tracking the Supreme Court's upcoming decision to understand how it might impact the availability of future tuition support for your children.

What happens next

The U.S. Supreme Court is scheduled to hear oral arguments in the case on November 3, 2026.

Further reading

For broader context on how state programs affect family education choices, visit Child Care.

Source note: This article includes information reported by CBS News.

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Should religious schools be required to follow state nondiscrimination policies to receive public funding?