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Southern Colorado families may need to find a new UPK provider pending lawsuit

A Christian Academy sued the state over religious discrimination and may opt out of the UPK program
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BUENA VISTA, Colo. — Darren Patterson Christian Academy (DPCA) sued the Colorado Department of Education in late June. The attorney representing DPCA said the lawsuit claims the state is religiously discriminating against the school.

"The state of Colorado is enforcing rules that don't make a whole lot of sense," said an Alliance Defending Freedom Attorney Jeremiah Galus.

Galus said the school wants to hire employees who align with its religious beliefs. To participate in Universal Preschool (UPK) and get state funding, preschools must not discriminate against new employees based on their faith.

"The school either has to comply with the state or opt out of the program," said Galus. "What [the state is] doing is only hurting families and children of the state and its trampling on the constitutional rights."

Galus said this case is not likely to have a final ruling before the start of the school year. If DPCA opts out of UPK, 17 families already matched with the school as a provider may have to find another school or pay out of pocket.

The state denied DPCA's religious exemption. Galus said it's because the school isn't run by a church.

"To be a Christian School, you have to hire Christian employees," said Galus.

DPCA welcomes families from all backgrounds, but staff members must have Christian beliefs and values.

I contacted the state's department of education about this lawsuit. "We don't comment on pending litigation," said the communications director, Hope Shuler, in an email.

Kyle Hudson and his family moved to Buena Vista a few months ago. He's looking for a preschool for his child and said DPCA is high on his list.

"[DPCA's] lawsuit with [the state] probably fortifies my trust in them a little more, that they're willing to oppose the state," said Hudson.
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