Catholic Preschools Sue Colorado Over Exclusion from Aid Program

CV NEWS FEED // Two Catholic preschools are suing Colorado after they were rejected from a state-funded tuition aid program that gives impoverished families school choice.

St. Mary’s Catholic Parish and St. Bernadette’s filed a lawsuit on Wednesday after Colorado blocked them from the state’s Universal Preschool Program. Becket Law, a non-profit legal organization, is representing the preschools in St. Mary Catholic Parish v. Roy. 

The state program funds up to 15 hours a week of preschool for low-income families. In most cases, families can choose the preschool. 

“Universal Preschool Colorado allows families to choose the right setting for their child, whether it is in a licensed community-based, school-based or home-based preschool setting,” the CO Department of Early Childhood website says. 

But not all parents’ choices are allowed in Colorado. 

St. Mary’s and St. Bernadette’s have been around for decades and serve many families with limited funding, according to Becket’s press release. At St. Bernadette’s, for instance, 85% of children qualify for school meal programs, while over 25% of St. Mary’s preschool students have scholarships or discounts. 

The schools wanted to participate in the program, but as they went through the application process, they realized that the Department of Early Childhood’s “non-discrimination” clause conflicted with their religious beliefs. 

The lawsuit explains how the aid program requires all preschools to accept applicants without regard to the family’s or student’s religion or sexual orientation. The Catholic preschools, however, give preference to Catholic families during the application process. 

“In accordance with their Catholic beliefs, St. Mary’s, St. Bernadette’s, and the Archdiocese give priority to Catholic families seeking to ensure their children receive a Catholic education,” the lawsuit says. 

The school also requires staff to sign an annual contract affirming their willingness to uphold Catholic teaching, including on matters of life, marriage, and sexuality.

“Abiding by Catholic teaching on these issues would violate the Department’s ban on sexual-orientation and gender-identity ‘discrimination,’ though Plaintiffs do not believe adhering to these beliefs constitutes discrimination,” the lawsuit says. 

Because the two preschools have expectations for teachers based on church teaching and prioritize admitting Catholic families, Colorado prevents preschool students wishing to attend these schools from receiving the state’s “universal” tuition assistance.’

“Universal should mean universal,” Nick Reaves, a counsel at Becket, said in the press release. “Colorado is slamming the door on hundreds of parents that need help sending their kids to preschool, all because the schools that are best for their kids reflect their beliefs.”

“We are asking the court to stop Colorado’s campaign against preschoolers and the schools that want to serve them. Families should be free to choose the private school that best meets their needs—whether it is secular or religious.” 

“Our preschool exists to help kids harness the skills they need to flourish and grow into individuals prepared to serve others in hope, joy, and love,” said Tracy Seul, Director of Development and Preschool at St. Mary Catholic School. “We are called to offer this ministry to every parent who wants to provide their child with an authentic Catholic education.”