Erika Nagle, a Colorado mother of three, says two of her children were denied access to the state’s preschool funding program because they attend St. Mary Catholic School in Littleton.

Nagle says the decision cost her family about $12,000 in taxpayer-funded preschool benefits. She said eligible children can receive more than $6,000 through the program.

“We are being excluded from this benefit because we are Catholic,” Nagle said.

Dispute over participation requirements

Colorado launched its universal preschool program in 2023. The program provides preschool options through public, private and religious schools, with coverage described as 15 hours per week for eligible children.

Catholic schools challenging the program say its participation requirements conflict with their religious beliefs and admissions practices. Nagle also said two preschools in the archdiocese have closed.

She characterized the funding structure as an incentive for families to leave Catholic education. “The state is dangling a carrot over here, incentivizing people to leave their faith,” Nagle said.

Case before the Supreme Court

The Supreme Court is hearing the case Tuesday. The dispute concerns whether Colorado may condition participation in its preschool funding program on requirements that Catholic schools say burden their religious identity and admissions policies.

The Colorado Department of Early Childhood said it could not comment on pending litigation. Jared Polis’ office did not immediately respond to a request for comment.