Peltier v. Charter Day School, Inc., No. 20-1001 (4th Cir. 2021)
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Under the North Carolina Charter School Act, any child eligible to attend a public school may choose to attend a charter school, but no one is required to attend one. North Carolina charter schools are nominally public schools but are operated by private nonprofit corporations and are exempt from statutes applicable to local boards of education. Although charter schools must adopt policies governing student conduct and discipline, the state does not supervise the content of those policies. CDS, a nonprofit corporation, holds a charter to operate Charter Day School in rural Brunswick County, which currently educates over 900 elementary and middle school students. RBA (a for-profit entity) manages day-to-day operations at Charter Day, which operates as a school promoting traditional values. The school adopted a uniform policy.
Three female students sued, challenging a requirement that girls wear either skirts, jumpers or skorts, instead of pants or shorts. The complaint cited the Equal Protection Clause and Title IX, 20 U.S.C. 1681. The district court granted the plaintiffs summary judgment on the equal protection claim but held that Title IX did not reach school dress codes. The Fourth Circuit reversed. The charter school was not a state actor when promulgating the dress code and is not subject to an equal protection claim but claims of sex discrimination related to a dress code are not categorically excluded from Title IX's scope.
The court issued a subsequent related opinion or order on October 20, 2021.
The court issued a subsequent related opinion or order on June 14, 2022.
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