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- Title
Skirting State Action: Section 1983 Challenges to Education and Charter Management Organizations After Peltier v. Charter Day School, Inc.
- Authors
SALT, JACK
- Abstract
In Peltier v. Charter Day School, Inc., the Fourth Circuit held that a North Carolina charter school violated the U.S. Constitution by requiring girls to wear skirts and prohibiting them from wearing pants or shorts. In reaching that conclusion, the Fourth Circuit also became the first federal court of appeals to hold that a charter school is a state actor subject to constitutional claims--just like traditional public schools. While this decision has been lauded as advancing civil rights and affirming that charter schools are state actors, it did not go far enough. The court additionally held in Peltier that the for-profit education management organization that operated the charter school and helped create the dress code was not a state actor. This Recent Development critiques that aspect of the opinion and argues that the court drew an arbitrary line between public and private in finding the charter school, but not its management organization, to be a state actor. Effectively, the Fourth Circuit created a liability shield from Section 1983 challenges for education and charter management organizations operating in North Carolina.
- Subjects
DRESS codes in schools; STATE action (Civil rights); CHARTER schools; PUBLIC schools; SCHOOL uniforms; CIVIL rights; PUBLIC education; UNITED States. Constitution
- Publication
North Carolina Law Review, 2023, Vol 102, Issue 1, p281
- ISSN
0029-2524
- Publication type
Article