New report uncovers bias against faith-based pre-K providers

Despite recent United States Supreme Court rulings affirming religious neutrality in public education, a new Manhattan Institute report reveals that many publicly funded pre-K programs across the United States continue to exclude faith-based providers. The practice violates the Free Exercise Clause of the Constitution and undermines the Supreme Court’s clear mandate for government neutrality toward religion, the report argues.

Authored by Nicole Stelle Garnett, Tim Rosenberger, and J. Theodore Austin, the report examines the state of discriminatory policies in pre-K programs, which either prohibit faith-based providers entirely or require the elimination of religious practices as a condition of receiving public funding.

North Carolina’s pre-K program requirements mandate that “no subcontractor may use its NC pre-k funding to pay for … religious worship, instruction or proselytization.”

The report identifies over 15 states — including California, New York, and Georgia — that impose “restrictive” requirements on faith-based pre-K providers. These policies often require providers to remove religious symbols, abandon religious instruction, and secularize their operations if they wish to participate in public programs.

The Manhattan report argues that such measures contravene recent Supreme Court rulings — including Trinity Lutheran Church of Columbia, Inc. v. Comer and Espinoza v. Montana Department of Revenue — which affirm that excluding religious organizations from publicly funded programs, or conditioning their participation on the removal of religious elements, is unconstitutional.

For example, New York City’s pre-k “for all” program explicitly requires religious providers to cover religious symbols, refrain from religious instruction, and even use separate entrances for students. Similarly, Georgia’s pre-k program prohibits any part of the instructional day from being religious in nature.

While many states fall short of constitutional standards, the report spotlights programs in states like Florida, Indiana, and Alabama that respect the rights of faith-based providers. These states demonstrate compliance with constitutional requirements by welcoming religious providers without imposing restrictions on religious activities.

For instance, Florida’s pre-k program explicitly includes faith-based providers without secularization mandates, while Indiana’s voucher program ensures that religious instruction or activities do not disqualify a provider. Alabama recently updated its pre-k guidelines to permit religious activities during the school day.

To address the problem, the Manhattan Institute recommends several reforms. At the state level, attorneys general should provide clear guidance to eliminate unconstitutional restrictions on religious providers.

Locally, school districts must ensure that pre-K programs comply with both state and federal constitutional requirements, promoting fairness and adherence to the law. Additionally, advocacy groups and policymakers should be prepared to pursue litigation, if necessary, to enforce compliance and safeguard the rights of religious providers.

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