Catholic School Choice Cost a Mother $12K in Preschool Aid — Now the Supreme Court Will Decide

A Colorado mother says her family was denied $12,000 in taxpayer-funded preschool benefits because she chose a Catholic education for her children, accusing the state of discriminating against religious families through a program promoted as universal. The dispute brought by Erika Nagle, a mother of three, is now before the US Supreme Court, which is set to hear arguments in the case on Tuesday.

Nagle's children attend St. Mary Catholic School in Littleton, Colorado. She told Fox News Digital that two of her children were denied access to the state's preschool funding program, leaving her family to cover additional education expenses.

"We are being excluded from this benefit because we are Catholic," Nagle said. "And so in a state that preaches inclusion, they are actively going out of their way to exclude a huge chunk of people because of our religious beliefs."

At the center of the dispute is Colorado's universal preschool program. According to Becket, Colorado launched its preschool funding program in 2023, offering eligible families approximately $6,300 to cover 15 hours of preschool per week. The organization said the program was promoted as a universal benefit that would allow parents to choose among public, private and religious preschools, prompting Catholic families across the state to seek participation.

Catholic schools challenging the program argue that the state's participation requirements unfairly burden their religious beliefs and admissions practices. Nagle said the state grants about $6,000 per family to be used during the year before kindergarten — the pre-K year — at the school of their choice. "Catholics are forced to pay the price for the school of our choice, which is Catholic school," she said. "And so you have thousands of Coloradans that are being forced to pay more than anyone else."

Nagle says the consequences go beyond her family's finances. "We have had two preschools in the archdiocese that have been closed down," she said, arguing that the program is affecting Catholic school enrollment and pressuring families to abandon the religious education they want for their children. "The state is dangling a carrot over here, incentivizing people to leave their faith, to abandon the Catholic education that they want," she said.

Nagle also questioned the focus on admissions practices. She argued that nearly every school has admissions criteria tailored to the community it serves, whether that means prioritizing neighborhood children, children with special needs or low-income families. St. Mary similarly prioritizes Catholic families while welcoming students whose families are willing to respect the school's religious teachings. She questioned why the Catholic school's admissions practices should be treated differently.

"Colorado shouldn't force Catholic families to give up their choice, which is a faith-based school," Nagle said. "The state is letting other schools serve their communities, but they're not letting Catholic families serve their communities."

The legal battle raises questions about the extent to which religious schools can participate in publicly funded education programs while maintaining faith-based admissions policies. The Supreme Court's ruling will provide direction on that question.

A spokesperson for the Colorado Department of Early Childhood (CDEC) said the department could not comment on pending litigation. Colorado Gov. Jared Polis' office was also contacted for comment but did not immediately respond.