Supreme Court declines to hear case on charter school dress code

The Supreme Court declined to hear a case regarding the dress code of a North Carolina charter school Monday, leaving intact a lower court’s ruling that the policy must be changed.

In the case, Charter Day School v. Peltier, parents and students sued over the institution’s dress code policy that says girls must wear skirts.

A federal appeals court found the policy violated the 14th Amendment’s equal protection clause, a decision left in place by the Supreme Court’s decision not to hear the case.

The decision was closely watched as the nation’s charter schools fight to be seen the same as public schools, despite the fact they can get private funding.

The federals appeal court had said the school is a “state actor” and must be treated as all public schools, meaning it cannot have a dress code aimed specifically at women.

“Today’s announcement is a victory for the thousands of students who attend public charter schools in North Carolina and for the 3.6 million students like them nationwide,” said Ria Tabacco Mar, director of the ACLU Women’s Rights Project. “Girls at public charter schools have the same constitutional rights as their peers at other public schools — including the freedom to wear pants. We will continue to fight for all girls to learn in safe and equal schools.”

Even the National Alliance for Public Charter Schools was pleased with the Supreme Court’s decision not to hear the case, because upholding the notion that public charter schools are “state actors” helps their cause.

“We are pleased to put this matter behind us and move forward with the critically important work of ensuring every child in this nation has access to a high-quality public education. The actions of the high court affirm that as public school students, charter school students are entitled to the same federal protections as their counterparts who attend district schools,” said Nina Rees, president and CEO of the organization.

This is likely not the last time the courts will have to hear arguments on the role of charter schools; Oklahoma recently approved the nation’s first religious charter school, which is certain to face legal challenges.

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