A prayer for pre-K

Situated at the base of typically snow-capped mountains in Buena Vista, Colo., Darren Patterson Christian Academy (DPCA) runs Busy Bees Preschool, an institution with around 20 children ages 2 to 5. The preschool receives public funding thanks to Colorado’s universal pre-K program, for which it qualified in 2023. But it took a court injunction last summer for DPCA to get the funds.

Colorado had originally stipulated that, to receive funding, Busy Bees must implement pro-transgender policies and agree to hire teachers who did not share the school’s religious beliefs. The state program’s restrictions, said head of school Josh Drexler, essentially “didn’t allow faith-based schools to participate.”

A report published Jan. 21 by the Manhattan Institute suggests pre-K schools across the country face similar roadblocks. The report found many states have laws that effectively dis­criminate against religious preschool providers. That’s despite Supreme Court rulings rejecting such hostility as unconstitutional.

In 2022, about 47% of 3- to 4-year-olds were enrolled in schooling nationwide. Preschool enrollment isn’t legally mandated, but 14 states and Washington, D.C., have varying forms of universal pre-K policies that provide publicly funded preschool options.

Many public school districts enlist private schools to provide preschool programs, often due to a lack of state resources. In 2019, 7,550 pre-K schools sponsored by churches or faith-based educational institutions served 432,000 children.

In three cases decided between 2017 and 2022, the U.S. Supreme Court concluded that it’s unconstitutional to exclude schools from funding based on their religious character. In Carson v. Makin, for example, the court ruled Maine couldn’t exclude religious schools from benefiting in the same tuition programs offered to secular private schools.

Yet according to the Manhattan Institute, some states still exclude religious preschools outright. Oregon, for example, denies public funding for any pre-K program operated by a church or faith-based private school.

Most states provide private preschool funding with caveats. For example, Georgia’s Bright From the Start program mandates that “No part of the Pre-K instructional day may be religious in nature.” To participate in New York’s universal pre-K program, preschools operated by faith-based groups must obstruct religious signs and symbols in the parts of the building to be used during school hours.

Whether a state outright blocks religious preschools from otherwise publicly available funds or tries to prevent the schools from offering religious instruction, it’s a violation of the Constitution, said Tim Rosenberger, co-author of the Manhattan Institute’s report. States can’t restrict religious expression as a condition of funding.

“You’re in theory allowing the religious organizations to participate in the program, but … they have to quit being religious,” said Rosenberger.

The report isn’t all bad news. It named Florida as an example of a state that is giving families freedom: Florida offers blanket pre-K funding and allows parents to pick the provider.

The report recommends state and local officials revise policies regarding preschool programs to ensure they aren’t violating the principle behind the Carson ruling. Otherwise, states may see challenges in court.

Represented by Alliance Defending Freedom (ADF), Busy Bees in Buena Vista sued and won an injunction last summer. The school is receiving state funding for now, and attorney Jake Reed says a final verdict in the case could come at any time.