Colorado officials leading the state's new universal preschool program have backtracked on their original plan to ban religious lessons and activities during state-funded class time.

The latest round of proposed state rules, posted publicly on Wednesday, no longer includes an explicit ban on religious instruction during universal preschool hours. This change comes as a result of the rushed rollout of the program and recent U.S. Supreme Court decisions allowing public funds for religious education.

The state's shifting approach regarding religious education in the $322 million preschool program has raised eyebrows among critics. However, the decision to abandon the plan to retroactively ban religious preschool and early childhood programs from participating in the universal preschool program has been hailed as a victory against unconstitutional religious discrimination by groups like Advance Colorado, a prominent advocacy group. The group had threatened legal action if the plan had been implemented.

Kristi Burton Brown, Executive Vice President of Advance Colorado, praised the state's decision, stating, "This is a huge win for parents who want to choose a faith-based preschool for their young children. It's crystal clear that the state can't treat some Colorado families differently just because they are religious. Abandoning this poorly conceived, discriminatory proposal was a very wise move."

Advance Colorado had previously sent a letter to state officials, including Governor Jared Polis, outlining how recent federal case precedent, such as the 2022 case Carson v. Makin, prohibits the state from banning religious private schools if it is offering funding to secular private schools. The letter warned that implementing the anti-religious funding ban would be unconstitutional and would result in legal action.

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The state's decision to remove the ban on religious instruction in state-funded preschools could have practical implications, potentially attracting more faith-based preschools to participate in the universal preschool program. This program offers tuition-free classes to over 60% of the state's 4-year-olds.

Currently, there are 40 faith-based preschools among the more than 1,900 preschools in the program. Some faith-based preschools may have chosen not to participate this year due to mixed messages about the allowance of religious instruction.