In October 2023, Colorado proposed rules for the second year of its universal preschool program (UPK). These new rules would have banned religious instruction in preschools enrolled in UPK, even though the instruction had been allowed – and funded – the previous year. When a state chooses to fund private schools, it may not discriminate against religious schools specifically, and when Colorado proposed to do so anyway, Advance Colorado threatened to sue in December 2023. Shortly thereafter, in January 2024, the state announced it had canceled its plans to ban funding for religious schools.