The story so far
edited Oct 24 · 2 paragraphs changedWhat is happening
The U.S. Supreme Court will determine if states can exclude religious schools from public funding programs based on mandates that conflict with the institutions' faith-based policies 1. The case, St. Mary Catholic Parish v. Roy, centers on Colorado's universal preschool program, which requires participating providers to follow an "equal opportunity" rule regarding sexual orientation and gender identity 1, 2. The Archdiocese of Denver and two parish preschools argue this requirement unlawfully discriminates by forcing them to violate their religious beliefs to access state funds 1.
Multiple amicus briefs filed as of July 23, 2026, support the schools' position 2. These filings argue that Colorado provides categorical exemptions to its rules for other entities while denying similar accommodations to religious institutions 2. The outcome will clarify the extent to which state agencies can set secular conditions on the receipt of public benefits by religious organizations 1, 6.
The U.S. Department of Education issued updated guidance in February 2026 regarding constitutionally protected prayer and religious expression in public schools 12. This update replaces standards from January 2020 and defines parameters for prayer during non-instructional time, religious student groups, and the rights of employees 12. Local educational agencies must certify to their state that no local policy denies participation in protected prayer, or face the potential withholding of federal funds 12.
added Oct 24
The U.S. Department of Education issued new guidance in February 2026 regarding religious expression [12].
What to watch
The Supreme Court is scheduled to hear oral arguments in the case on November 3, 2026 1, 11. A final decision would follow the release of the court's opinion on its official website. The subsequent vacation or affirmation of the lower court's judgment would then lead to the issuance of implementation guidelines by the relevant state agency.
State educational agencies are required to submit an annual report to the U.S. Department of Education by November 1 12. This report must list every local agency that failed to provide the required religious expression certification or was the subject of a complaint 12.
added Oct 24
New federal guidance mandates an annual reporting deadline of November 1 [12].
Read the full brief · how we got here
How we got here
The court announced in August 2026 that it would hear the dispute during its November session 11. This follows a May 22, 2025, Supreme Court order that split 4-4, which left a state court ruling in place and effectively blocked the creation of a religious charter school in Oklahoma 4. In a separate matter on May 19, 2025, the California Department of Education entered a consent judgment to end a requirement that non-public schools be "nonsectarian" to receive certain public funds 4.
References · 6
- 1reason.com — A religious preschool is barred from a state's universal preschool ...
- 2completecolorado.com — Amicus briefs flow in Colorado religious preschool SCOTUS case
- 4f3law.com — SCOTUS Blocks Religious Charter School: Key Takeaways
- 6theconversation.com — State funds for students at religious schools? Supreme Court says ‘yes’ in Maine case – but consequences could go beyond
- 11scotusblog.com — Court announces cases it will hear in November, including religious ...
- 12ed.gov — Secretary’s letter to Chief State School Officers regarding constitutionally protected prayer and religious expression in public elementary and secondary schools | U.S. Department of Education
What would close this
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3newest firstU.S. Department of Education supersedes guidance on religious expression in schools
The U.S. Department of Education issued new guidance in February 2026 regarding constitutionally protected prayer and religious expression in public elementary and secondary schools 1. The update replaces historical guidance that had been in place since January 2020 1.
- The February 2026 guidance supersedes previous standards for how school officers handle religious student groups, prayer during non-instructional time, and the rights of religious employees 1.
- The update follows a period where the Department was required by law to regularly refresh its stance on the Equal Access Act and religious accommodations within public institutions 1.
Full analysiswritten from the full pages behind this update
What happened
The U.S. Department of Education issued updated guidance in February 2026 regarding constitutionally protected prayer and religious expression in public elementary and secondary schools 1. This February 2026 release supersedes the previous standards established in January 2020 1. The update fulfills the Department’s obligation under section 8524(a) of the Elementary and Secondary Education Act of 1965, which requires the Secretary to provide regular updates on the legal status of religious activities in public institutions 1.
The February 2026 guidance defines the parameters for prayer during non-instructional time, accommodations during instructional hours, and religious expression at graduation ceremonies 1. It further details the rights of religious student groups to gather and the protections afforded to teachers and school employees 1. The Department integrated principles from the Equal Access Act, specifically regarding public secondary schools, to clarify how religious student groups must be treated relative to other non-curriculum related groups 1.
Why it matters
The updated guidance carries direct financial and legal consequences for Local Educational Agencies (LEAs) and State Educational Agencies (SEAs). Under the February 2026 standards, LEAs must file a formal certification with their respective SEA confirming that no local policy prevents or denies participation in constitutionally protected prayer 1. Failure to submit this certification, or submitting it in bad faith, authorizes the Department of Education to initiate enforcement actions, which include withholding federal funds until the recipient achieves compliance 1.
For state-level regulators, the guidance mandates the maintenance of a formal process for individuals—including students and employees—to file complaints against LEAs that allegedly deny religious rights 1. SEAs are now required to report to the Department any LEA that has been the subject of a complaint or a public legal charge, such as a lawsuit, regarding constitutionally protected prayer 1. These reporting requirements, which were not present in guidance versions prior to 2020, centralize the monitoring of religious expression disputes at the federal level 1. The guidance explicitly balances these protections by stating that government officials and teachers must not compel students to participate in religious activities, maintaining the distinction between protected private expression and prohibited state-led religious exercise 1.
What's next
State Educational Agencies are required to submit an annual report to the U.S. Department of Education by November 1 1. This report must list every LEA that failed to provide the required certification or was the subject of a complaint regarding religious expression 1.
The Supreme Court’s scheduled oral arguments in St. Mary Catholic Parish v. Roy on November 3, 2026, will likely provide the next major legal benchmark for how these federal guidelines interact with state-level "equal opportunity" mandates. A final opinion from the Court would determine if the Department’s current stance on religious accommodations must be further revised to account for state programs that fund religious and secular schools under differing sets of secular conditions. The issuance of that opinion would be followed by the Department’s release of any necessary conforming updates to the February 2026 guidance.
When we started following: Supreme Court affirms block on religious charter school in 4-4 split
The Supreme Court of the United States affirmed a lower court ruling on May 22, 2025, that blocked the establishment of the nation's first religious charter school 3. The 4-4 decision in St. Isidore of Seville Catholic Virtual School v. Drummond left in place an Oklahoma Supreme Court judgment that classified the school as a public entity required to remain non-religious under state law 35.
Justice Amy Coney Barrett recused herself from the proceedings, which resulted in the evenly divided vote 35. The case originated after the Oklahoma Statewide Charter School Board approved a contract with the Archdiocese of Oklahoma City and the Diocese of Tulsa, despite state requirements for charter schools to be non-sectarian 5. Oklahoma Attorney General Gentner Drummond successfully challenged the contract in state court before the school board and the archdiocese appealed to the federal high court 5. The tie vote at the Supreme Court does not set a national precedent but maintains the restriction on religious charter schools within the Oklahoma jurisdiction 3.
When we started following: Supreme Court schedules November 3 arguments for Colorado religious preschool funding dispute
The U.S. Supreme Court will hear oral arguments on November 3, 2026, in St. Mary Catholic Parish v. Roy, a case challenging Colorado's exclusion of religious preschools from its universal preschool program 1. The Archdiocese of Denver and two parish preschools allege the state unlawfully discriminates by requiring participating providers to follow an "equal opportunity" mandate regarding sexual orientation and gender identity 1, 2. The schools argue this requirement forces them to violate religious beliefs 1.
This case follows a May 22, 2025, Supreme Court order that split 4-4, effectively blocking the creation of a religious charter school in Oklahoma by leaving a state court ruling in place 4. In contrast, the California Department of Education entered a consent judgment on May 19, 2025, to resolve Loffman v. California Department of Education, ending a requirement that non-public schools be "nonsectarian" to receive certain public funds 4. Numerous amicus briefs supporting the Colorado schools were filed as of July 23, 2026, arguing that the state provides other categorical exemptions to its rules while denying them to religious institutions 2.