The Fourth Circuit holds our school is a ‘state actor,’ even though the law makes its independence clear.
A ruling in a federal court case could spell trouble for the charter-school movement. The case began in 2015 when the American Civil Liberties Union, representing three female students, sued our school.
The plaintiffs in Peltier v. Charter Day School, Inc. allege that our uniform policy—which requires girls to wear jumpers, skirts or “skorts” (skirtlike shorts) on most days—violates the girls’ rights under the 14th Amendment’s Equal Protection Clause. After a mixed decision in federal district court, the Fourth U.S. Circuit Court of Appeals ruled in June for the plaintiffs.
By a 10-6 vote, the full court held that CDS is a “state actor,” constitutionally indistinguishable from government-run public schools. That is counter to North Carolina law. CDS is a private nonprofit corporation—a legal requirement for operating a charter school under the state’s Charter School Act. That law specifically empowered charters to set their own rules about comportment, curriculum, appropriate dress and other matters.
The Wall Street Journal
By Baker A. Mitchell and Robert P. Spencer
Jan. 3, 2023