EdChoice challenges exclusion of Catholic schools in Colorado preschool program

EdChoice Legal Advocates has filed an amicus brief in the United States Court of Appeals for the Tenth Circuit, addressing the exclusion of Catholic preschools from Colorado’s Universal Preschool Program. The filing comes amid claims that the Colorado Department of Early Childhood is not accommodating the religious requirements of Catholic schools participating in the program.

The Universal Preschool Program in Colorado offers free early education to children before they are eligible for kindergarten. While the program requires that all preschool providers serve all children, exceptions are made for schools focusing on low-income or disabled children. However, it does not make similar accommodations for religious institutions like Catholic schools that adhere to traditional Catholic values.

The U.S. Supreme Court has previously ruled that exclusions based on religious exercise, while allowing secular exceptions, constitute religious discrimination. "Colorado’s refusal to tolerate traditional Catholic doctrine in its universal preschool program is just a repackaged version of discrimination the Supreme Court has already rejected," stated Thomas M. Fisher, Vice President and Director of Litigation at EdChoice Legal Advocates. He advocates for broader parental choice in school selection, arguing against a one-size-fits-all educational approach.

The amicus brief asserts that school choice programs thrive on providing parents with diverse options rather than adhering to uniform "equal opportunity" mandates like those in Colorado. Catholic schools play an essential role in fostering education freedom and have demonstrated success in teaching key social skills.

EdChoice, a nonprofit organization focused on educational freedom, established EdChoice Legal Advocates in 2023 to support school choice initiatives across states. The organization emphasizes the need for diverse educational opportunities to prevent excess conformity and promote genuine choices for parents concerning their children’s education.

For more information or to speak with Thomas Fisher, contact Ann Marie Miller at [email protected].