NACSA Statement on 4th U.S. Circuit Court Ruling in Peltier v. Charter Day School

NACSA Statement on 4th U.S. Circuit Court Ruling in Peltier v. Charter Day School

The National Association of Charter School Authorizers (NACSA) strongly disagrees with the holding of the 4th U.S. Circuit Court of Appeals in Peltier v. Charter Day School, decided August 9, 2021, that a charter school is a private actor and therefore not subject to the Equal Protection clause with respect to students.

While we support the ultimate result of the case (holding that the charter school must protect the civil rights of students as a recipient of federal funding), we nonetheless believe the court erred in its reasoning and support any appeal on these grounds.

Charter schools are public schools, as stated in every state charter law adopted across the country, including in North Carolina where this case arises, and as recognized in federal law. North Carolina’s charter school law, states “a charter school that is approved by the State shall be a public school,” and the statute further provides that “the purpose of this Article is to authorize a system of charter schools to provide…expanded choices in the type of educational opportunities that are available within the public school system.” (emphasis added)

We firmly believe, and authorizers are legally required to ensure, that charter schools cannot discriminate against any student on the basis of race, gender, sex, disability, or religious preference. Charter school students deserve and enjoy the same civil and constitutional rights protections as any peer attending a traditional district school. NACSA believes that charter school authorizers have a clear responsibility to ensure charter schools guarantee equal access to all students.


Most Recent Posts
Beyond the Mold: Equipping Authorizers to Evaluate Innovative Schools
By David Greenberg and Jason Zwara Raising the Bar on Accountability Last year, we made several important updates to our state policy recommendations. These changes were critical to accountability in...
NACSA Statement on Rhode Island Charter School Moratorium
NACSA is calling on Governor McKee to protect both families’ access to high-quality public schools. and the integrity of Rhode Island’s charter school system by vetoing legislation that would impose...
NACSA Supports Three Federal Bills to Modernize CSP and Help Strengthen Authorizing
The U.S. Department of Education’s Charter Schools Program (CSP) has supported the growth of the charter school sector for more than 30 years. Despite significant changes in the charter sector—especially...