The recent decision of the 4th Circuit about the dress code at a charter school in North Carolina is going to get a lot of attention, mostly because of what it says about dress codes and Title IX. We’ll tell you about that tomorrow. Today, we want to address the other issue in this case: Is a charter school a public school?
I thought we already knew the answer to that question, at least here in Texas. Charter schools are established by state law and funded by taxpayer money. They help the state fulfill its constitutional obligation to provide public education to all children. On top of that, Texas has a statute that removes all doubt: “An open-enrollment charter school is part of the public school system of this state.” T.E.C. 12.105.
North Carolina has a similar setup, with a similar statute: “A charter school that is approved by the State shall be a public school….”
The majority of the 4th Circuit’s panel just blew right through all of that, described charter schools as “nominally public schools” (emphasis added) and proceeded to declare them private schools. This meant that the charter school was not a “state actor.” This meant it was not bound by the U.S. Constitution. So even if the dress code violated some other laws, it did not violate the constitution.
That’s a big deal with a lot of implications, and there was a strong dissenting opinion. This case drew amicus briefs from a gazillion advocacy groups. But those advocacy groups were mostly focusing on the other issue in the case—did the dress code violate Title IX? Does Title IX even apply to a school dress code?
Tune in tomorrow for that! It’s Peltier v. Charter Day School, decided by the 4th Circuit Court of Appeals on August 9, 2021. We found it at 2021 WL 3483288.
DAWG BONE: STATE LAW SAYS THAT CHARTER SCHOOLS ARE PART OF THE PUBLIC SCHOOL SYSTEM. THAT OUGHTA SETTLE IT.
Got a question or comment for the Dawg? Let me hear from you at jwalsh@wabsa.com.
Tomorrow: does Title IX apply to your dress code?