This policy brief addresses federal and state constitutional issues that arise when faith-based organizations participate in state prekindergarten (pre-k) programs and recommends safeguards to ensure that public funding of those programs complies with constitutional principles respecting the separation of church and state and freedom of religion. To date, there have been no court decisions analyzing a state pre-k program under the federal or state constitutions, although decisions addressing public funding of other religiously affiliated educational programs provide guidance on how courts might consider these issues. The recommendations and guidance provided in this brief are general in nature; every state's constitution and jurisprudence differ and the law in this area is evolving. State Constitution Religion Provisions and Participation of Faith-Based Pre-K Providers are appended. (Contains 42 endnotes.)