NC Charter School Mandate, “Skirts for Girls as Fragile Vessels,” a No-No.

deutsch29: Mercedes Schneider's Blog

On June 14, 2022, the US Court of Appeals for the Fourth Circuit, “On Rehearing En Banc” (meaning by the entire full court of judges “when there is a particularly significant issue at stake”), decided that a North Carolina charter school could not require female students to wear skirts even as it allowed male students to wear more functional, less restrictive pants.

The Court ruled that doing so violates the Constitution’s Equal Protection Clause.

Brought by two parents of minor children attending North Carolina’s Charter Day School (CDS) in 2015, the 103-page Peltier case demonstrates the slippery manner in which charter schools present themselves as “public schools” when doing so benefits the organization, yet when being a public organization is not beneficial, the same charter school is willing to argue that it is a private entity and therefore exempt from accountability mechanisms used for oversight of public schools.

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