Review of The Persistence of Religious Discrimination in Publicly Funded Pre-K Programs

An NEPC Review funded by the Great Lakes Center

Key Takeaway: Methodological gaps and lack of evidence weaken Manhattan Institute report's claims of discrimination in publicly funded programs.

GRAND RAPIDS, MI (MAY 1, 2025) - A recent report from the Manhattan Institute asserts that many religious pre-K providers are being unconstitutionally excluded from publicly funded education programs that remain open to other private schools. But incomplete research and methodological flaws render the report of relatively little value to policymakers or the public.

Joshua Weishart of Suffolk University Law School expands on these shortcomings in his review of The Persistence of Religious Discrimination in Publicly Funded Pre-K Programs .

The report's method-keyword searches and online reviews of statutes, regulations, and websites-did not include confirmation that such policies are being enforced. That is a serious flaw since the U.S. Supreme Court only recently changed its interpretation of the First Amendment's religion clauses to hold that denying access to religious education providers may result in discrimination.

So, while the report assumes that written policies are still being enforced, a more plausible, benign explanation is that the policies have not yet been updated to reflect the recent Supreme Court decisions. It is common for a law to remain "on the books" even after a judicial decision declares it invalid-an issue that should be addressed but does not necessarily indicate intentional or widespread discrimination.

A serious attempt to determine ongoing practices might use surveys of religious pre-K providers or consultations with school officials to ascertain whether these policies are actively enforced.

Yet even as the report alleges discrimination against religious pre-K schools, who incidentally educate under one percent of all pre-K schoolchildren, it omits any reflection about the openly discriminatory policies and practices of many religious schools enrolling students all the way through 12th grade, who educate far, far more.

As Professor Weishart notes, if the Supreme Court mandates that states accept the creation of religious charter schools later this term, a far deeper discussion on balancing religious freedom and non-discrimination in publicly funded education will be essential.

Find the review, by Joshua Weishart, at:

https://www.greatlakescenter.org

Find The Persistence of Religious Discrimination in Publicly Funded Pre-K Programs , written by Nicole Stelle Garnett, Tim Rosenberger, and J. Theodore Austin and published by the Manhattan Institute, at https://manhattan.institute/article/persistence-of-religious-discrimination-in-publicly-funded-pre-k-programs

NEPC Reviews ( https://nepc.colorado.edu/reviews ) provide the public, policymakers, and the press with timely, academically sound reviews of selected publications. NEPC Reviews are made possible in part by support provided by the Great Lakes Center for Education Research and Practice: https://www.greatlakescenter.org

The mission of the Great Lakes Center for Education Research & Practice is to support and disseminate high-quality research and reviews of research for the purpose of informing education policy and to develop research-based resources for use by those who advocate for education reform.

Visit the Great Lakes Center website at GreatLakesCenter.org

Contacts

Michelle Renee Valladares

Joshua Weishart

Joshua Weishart