The charter schools, now Classical Charter Schools of America, instituted the dress code to "emphasize traditional value,” requiring girls to wear skirts, jumpers, or skorts. Female students wearing skirts, Mitchel has said, preserves the idea that a woman is a "fragile vessel that men are supposed to take care of and honor."
After a lower federal court struck down the dress code as unconstitutional, Mitchell and attorneys for Classical Charter Schools of America (CCS-A) had hoped the Supreme Court, which now leans very conservative, would grant a ‘writ of certiorari’ in the case of Charter Day School, Inc. v. Peltier. That’s essentially a request for a lower court's documents so a higher court, in this case the Supreme Court, can review it. It’s not a formal ruling, but it does require approval by at least three members of the Supreme Court.
The Supreme Court’s decision means the ruling of the Fourth Circuit Court stands. CCS-A has begrudgingly said it will comply with the ruling, ending its gendered dress code.
The case began in 2015 when the American Civil Liberties Union, representing three female students, sued Charter Day School, alleging that the school’s uniform policy violated the girls’ constitutional rights. After a mixed decision in a federal district court, the Fourth Circuit Court of Appeals ruled in June 2022 in favor of the plaintiffs.
Mitchel noted the school’s disappointment in the court’s decision, writing in a statement, “Because it lacks meaningful limiting principles, the Fourth Circuit’s opinion designating Charter Day School a ‘state actor’ will be applied to charter schools everywhere, threatening their autonomy, subjecting them to the same rules, regulations, and political machinations that have crippled government-run school systems, and worst of all, leaving many low-income parents and students with no option other than poorly performing district schools.”
The state actor argument was key in the 2019 decision in this case. State actors are determined using a test applied to see whether or not an action can be “fairly attributable to the State.” A plaintiff must show that the state was responsible for the specific action they’re arguing about.
North Carolina’s Charter School Act gives the state permission to issue charters, which are like contracts, that permit private entities to run schools that “operate independently of existing schools.” Even though the school is run by a private company, in this case Roger Bacon Academy (RBA), the charter school is still considered a public school since it is acting on behalf of the state, by performing a function that “traditionally has been performed exclusively by the state." It also receives funding that would otherwise go to public schools.
The court at the time determined that the enforcement of this dress code constituted state action, because the offering of a “free and public education” is something traditionally performed by the state, so it makes sense that the actions of the school can be considered actions of the state.
Mitchell also expressed disappointment that the Supreme Court’s decision not to review the case will allow the lower court’s ruling to be applied in other situations.
“And that’s just the beginning. The Fourth Circuit’s overbroad approach to state-actor doctrine also threatens private social-service providers who contract with states; the Fourth Circuit already has applied its Peltier decision to hold that a private adoption agency is a state actor. This will lead to irreparable harm to the countless individuals and families that rely on thousands of charities nationwide for housing, food, health and other types of assistance,” Mitchell said.
Mitchell ensured that CDS will comply “fully” with the Fourth Circuit’s ruling, but “will resist unwarranted restrictions and interference that goes beyond the scope of the Fourth Circuit’s ruling.”
"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.
The Fourth Circuit’s majority decision states Charter Day School, Inc.—a private, nonprofit educational organization that now operates four charter schools in southeastern North Carolina is a “state actor” and therefore must comply with the same policies and regulations that apply to government-run schools, including compliance with Title IX and other federal law.
