The Cost of Colorado's "Universal" Preschool

In recent years, Colorado has been on the losing side of several freedom of religion cases, and another is on the way. In 2023, Colorado’s Department of Early Childhood launched a preschool funding program to provide eligible families with approximately $6,300 of funding to cover the cost of 15 hours per week of preschool. The “universal” program was designed to grant families the flexibility to enroll their children at any public, private, or faith-based preschool. However, for some families seeking a Catholic education, the promise of greater educational accessibility has come with unexpected costs.

Dan and Lisa Sheley are Colorado parents raising seven children in the Catholic faith. As parishioners of St. Mary Catholic Parish, they have built their family’s life around the parish and school. Five of their children attend St. Mary’s school today, and their youngest is expected to begin preschool there in 2028. For families like the Sheley’s, a Catholic preschool offers the opportunity to combine education, faith, and values in one environment. Yet, over 1,500 families across 30 Catholic preschools are unable to receive funding through Colorado’s preschool program because of the schools’ religious policies. 

The Archdiocese's schools welcome any family willing to display support for the Catholic Church, its teachings, and their religious mission. Because of this policy, the Colorado Department of Early Childhood deemed the schools ineligible for state funding. The state does, however, allow secular schools to impose specific enrollment requirements, including programs that serve specific populations such as low-income families or children with disabilities. If the program’s mission is to make preschool more universally accessible for families, why must Colorado force families to sacrifice an environment that would best suit their children for one that is more affordable? This decision places a financial burden on families who want to give their children an education that reflects their beliefs and values.

Now, the dispute is headed to the Supreme Court. On November 3, 2026, the justices will hear arguments over whether Colorado can exclude Catholic preschools and families from its Universal Preschool Program because of the schools’ religious admissions practices. Catholic parents and schools argue that doing so violates the Free Exercise Clause, while Colorado maintains that every participating school must follow the program’s nondiscrimination requirements.

At the heart of the case is a question that extends beyond Colorado: Should families lose access to a generally available public benefit simply because they choose a faith-based education?

Catholic families are asking the Supreme Court to ensure that a program advertised as “universal” does not force parents to choose between financial assistance and an education consistent with their faith. A program meant to expand educational opportunity should expand parents’ choices, not narrow them.