Peltier v. Charter Day School, Inc.: Expanding State Action Doctrine to Combat Gender Discrimination in Charter Schools

Peltier v. Charter Day School, Inc.: Expanding State Action Doctrine to Combat Gender Discrimination in Charter Schools

Introduction

Peltier, Booth, and Burks v. Charter Day School, Inc. et al. is a landmark case adjudicated by the United States Court of Appeals for the Fourth Circuit on June 14, 2022. The plaintiffs, acting as guardians for minor children, challenged the public charter school’s dress code requiring female students to wear skirts, arguing that this policy violated the Equal Protection Clause of the Fourteenth Amendment and Title IX of the Education Amendments of 1972. The defendants included Charter Day School, Inc., its board members, and the management company Roger Bacon Academy, Inc. Additionally, numerous amici curiae submitted briefs supporting various parties, highlighting the case's broader implications for educational institutions and gender equality.

Summary of the Judgment

The Fourth Circuit affirmed the district court’s summary judgment in favor of the plaintiffs regarding the Equal Protection claim against Charter Day School (CDS), finding that CDS, as a public charter school, acted under the color of state law and thus violated the Equal Protection Clause by enforcing a gender-based dress code that discriminated against female students.

Conversely, the court vacated the district court's summary judgment on the Title IX claim against all defendants, remanding it for further proceedings. The management company, Roger Bacon Academy (RBA), was not deemed a state actor, and thus claims against it were dismissed. The majority opinion was joined by several judges, with concurring opinions supporting the main findings. Dissenting opinions expressed concerns about expanding the state action doctrine and potential ramifications for charter schools nationwide.

Analysis

Precedents Cited

The judgment heavily relied on established precedents to assess whether CDS and RBA could be considered state actors subject to constitutional scrutiny:

  • RENDELL-BAKER v. KOHN, 457 U.S. 830 (1982): Established criteria for determining state action under Section 1983, emphasizing the importance of a close nexus between the defendant's actions and the state.
  • Manhattan Community Access Corp. v. Halleck, 139 S.Ct. 1921 (2019): Clarified that outsourcing government functions to private entities does not automatically render those entities as state actors.
  • WEST v. ATKINS, 487 U.S. 42 (1988): Held that a private contractor performing essential public functions can be considered a state actor.
  • Logiodice v. Trustees of Maine Central Institute, 296 F.3d 22 (1st Cir. 2002): Determined that a private charter school was not a state actor despite receiving public funding.
  • Caviness v. Horizon Community Learning Center, Inc., 590 F.3d 806 (9th Cir. 2010): Found that a for-profit management company of a public charter school was not a state actor.
  • POLK COUNTY v. DODSON, 454 U.S. 312 (1981): Clarified that public defenders do not act under color of state law when performing traditional defense functions.
  • MISSISSIPPI UNIVERSITY FOR WOMEN v. HOGAN, 458 U.S. 718 (1982): Emphasized that gender-based classifications must serve important governmental objectives to withstand scrutiny.
  • J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994): Reinforced that gender-based stereotypes are insufficient to justify discriminatory policies.

These precedents collectively informed the court's approach to evaluating state action and gender-based discrimination within the context of public charter schools.

Impact

This judgment has profound implications for public charter schools and similar educational institutions:

  • State Action Expansion: By classifying CDS as a state actor, the court effectively subject charter schools to constitutional scrutiny, ensuring they cannot implement discriminatory policies without justification.
  • Gender Equality in Education: The ruling strengthens protections against gender-based discrimination in educational settings, reinforcing the application of the Equal Protection Clause and Title IX to prevent harmful stereotypes and unequal treatment.
  • Policy and Administrative Oversight: Educational institutions may need to re-evaluate their policies to ensure compliance with constitutional and federal anti-discrimination laws, potentially leading to more equitable practices.
  • Legal Precedent: This case sets a significant precedent within the Fourth Circuit, potentially influencing other circuits and contributing to the broader national discourse on the role of state action in private or semi-private educational entities.
  • Charter School Autonomy: While charter schools retain operational independence, their policies must now align with constitutional mandates, balancing innovation with legal compliance.

Moving forward, schools similar to CDS will need to scrutinize their policies to avoid gender discrimination, and legal battles may arise as this precedent is tested in different contexts and jurisdictions.

Complex Concepts Simplified

State Action Doctrine

The "state action doctrine" determines when a private entity's actions can be legally attributed to the state, making them subject to constitutional judgments. If an entity performs a function traditionally reserved for the state or is heavily intertwined with state operations, its actions may be considered as state actions.

Section 1983 Claims

Under 42 U.S.C. § 1983, individuals can sue state officials or entities acting under state law for violating constitutional rights. However, this only applies if the defendant is considered a "state actor."

Intermediate Scrutiny

A legal standard used by courts to evaluate laws that classify individuals based on gender or legitimacy. Under intermediate scrutiny, the law must serve an important governmental objective and must be substantially related to achieving that objective.

Title IX

Title IX is a federal civil rights law that prohibits discrimination based on sex in education programs and activities that receive federal financial assistance. It aims to ensure equal opportunities for all genders in educational settings.

Conclusion

The Fourth Circuit's decision in Peltier v. Charter Day School, Inc. marks a critical step in reinforcing gender equality within public educational institutions, extending constitutional protections to ensure that no discriminatory practices are perpetuated under the guise of tradition or autonomy. By defining Charter Day School as a state actor, the court upholds the principle that educational environments must foster equality and reject policies rooted in harmful stereotypes. This judgment not only impacts Charter Day School but also sets a precedent that may influence charter schools across the nation to reassess their policies, ensuring compliance with constitutional mandates and promoting a more inclusive and equitable educational landscape. As charter schools continue to proliferate, this ruling underscores the judiciary's role in safeguarding fundamental rights, thereby balancing educational innovation with the imperatives of equality and non-discrimination.

Case Details

BONNIE PELTIER, as Guardian of A.P., a minor child; ERIKA BOOTH, as Guardian of I.B., a minor child; KEELY BURKS, Plaintiffs-Appellees, v. CHARTER DAY SCHOOL, INC.; ROBERT P. SPENCER, in his capacity as member of the Board of Trustees of Charter Day School, Inc.; CHAD ADAMS, in his capacity as member of the Board of Trustees of Charter Day School, Inc.; SUZANNE WEST, in her capacity as member of the Board of Trustees of Charter Day School, Inc.; COLLEEN COMBS, in her capacity as member of the Board of Trustees of Charter Day School, Inc.; TED BODENSCHATZ, in his capacity as member of the Board of Trustees of Charter Day School, Inc.; MELISSA GOTT, in her capacity as member of the Board of Trustees of Charter Day School, Inc., Defendants-Appellants, and THE ROGER BACON ACADEMY, INC., Defendant. NORTH CAROLINA INSTITUTE FOR CONSTITUTIONAL LAW; CIVITAS INSTITUTE, INC.; PAUL B. STAM, JR., Amici Supporting Appellants. NATIONAL WOMEN'S LAW CENTER; A BETTER BALANCE; AMERICAN ASSOCIATION OF UNIVERSITY WOMEN; AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES; AMERICAN FEDERATION OF TEACHERS; ANTI-DEFAMATION LEAGUE; AUTISTIC SELF ADVOCACY NETWORK; BOLD FUTURES; CALIFORNIA WOMEN LAWYERS; CLEARINGHOUSE ON WOMEN'S ISSUES; COALITION OF LABOR UNION WOMEN; DESIREE ALLIANCE; DISABILITY RIGHTS ADVOCATES; DISABILITY RIGHTS EDUCATION & DEFENSE FUND; END RAPE ON CAMPUS; EQUALITY CALIFORNIA; FEMINIST MAJORITY FOUNDATION; FORGE, INCORPORATED; GENDER JUSTICE; GIRLS FOR GENDER EQUITY; GIRLS INC.; GLBTQ LEGAL ADVOCATES & DEFENDERS; HUMAN RIGHTS CAMPAIGN; KENTUCKY ASSOCIATION OF SEXUAL ASSAULT PROGRAMS; KWH LAW CENTER FOR SOCIAL JUSTICE AND CHANGE; LEGAL AID AT WORK; LEGAL MOMENTUM; LEGAL VOICE; NATIONAL ASSOCIATION OF SOCIAL WORKERS; NATIONAL ASSOCIATION OF WOMEN LAWYERS; NATIONAL CENTER FOR TRANSGENDER EQUALITY; NATIONAL COUNCIL OF JEWISH WOMEN; NATIONAL CRITTENTON; NATIONAL NETWORK TO END DOMESTIC VIOLENCE; NATIONAL ORGANIZATION FOR WOMEN FOUNDATION; NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES; NATIONAL WOMEN'S POLITICAL CAUCUS; OKLAHOMA CALL FOR REPRODUCTIVE JUSTICE; PARTNERSHIP FOR WORKING FAMILIES; RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE; SHRIVER CENTER ON POVERTY LAW; SISTERREACH; SOUTHERN POVERTY LAW CENTER; STOP SEXUAL ASSAULT IN SCHOOLS; THE AFIYA CENTER; THE WOMEN'S LAW CENTER OF MARYLAND; TRANSGENDER LAW CENTER; WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS; WOMEN LAWYERS ON GUARD INC.; WOMEN WITH A VISION, INC.; WOMEN'S BAR ASSOCIATION OF THE DISTRICT OF COLUMBIA; WOMEN'S BAR ASSOCIATION OF THE STATE OF NEW YORK; WOMEN'S INSTITUTE FOR FREEDOM OF THE PRESS; WOMEN'S LAW PROJECT; WOMEN'S MEDIA CENTER; WOMEN'S RIGHTS AND EMPOWERMENT NETWORK; WOMEN'S ALL POINTS BULLETIN; NATIONAL EDUCATION ASSOCIATION; NORTH CAROLINA ASSOCIATION OF EDUCATORS; THE SOCIETY FOR RESEARCH IN CHILD DEVELOPMENT; THE SOCIETY FOR THE PSYCHOLOGICAL STUDY OF SOCIAL ISSUES; THE COGNITIVE DEVELOPMENT SOCIETY; THE SOCIETY FOR RESEARCH ON ADOLESCENCE; PROFESSOR RUTHANN ROBSON; UNITED STATES OF AMERICA, Amici Supporting Appellees. NATIONAL ALLIANCE FOR PUBLIC CHARTER SCHOOLS, Amicus Supporting Rehearing Petition. BONNIE PELTIER, as Guardian of A.P., a minor child; ERIKA BOOTH, as Guardian of I.B., a minor child; KEELY BURKS, Plaintiffs-Appellants,
Year: 2022
Court: United States Court of Appeals, Fourth Circuit

Judge(s)

BARBARA MILANO KEENAN, Senior Circuit Judge

Attorney(S)

ARGUED: Aaron Michael Streett, BAKER BOTTS L.L.P., Houston, Texas, for Appellants/Cross-Appellees. Galen Leigh Sherwin, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellees/Cross-Appellants. ON BRIEF: J. Mark Little, Travis L. Gray, BAKER BOTTS L.L.P., Houston, Texas, for Appellants/Cross-Appellees. Ria Tabacco Mar, Jennesa Calvo-Friedman, Louise Melling, Amy Lynn Katz, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York; Irena Como, ACLU OF NORTH CAROLINA LEGAL FOUNDATION, Raleigh, North Carolina; Jonathan D. Sasser, ELLIS & WINTERS LLP, Raleigh, North Carolina, for Appellees/Cross-Appellants. Jeanette K. Doran, NORTH CAROLINA INSTITUTE FOR CONSTITUTIONAL LAW, Raleigh, North Carolina, for Amicus North Carolina Institute for Constitutional Law. Paul B. Stam, Jr., R. Daniel Gibson, STAM LAW FIRM, PLLC, Apex, North Carolina, for Amici The Civitas Institute, Inc. and Paul B. Stam, Jr. Brian R. Matsui, Aaron D. Rauh, MORRISON & FOERSTER LLP, Washington, D.C., for Amici Society for Research in Child Development, Society for the Psychological Study of Social Issues, Cognitive Development Society, and Society for Research on Adolescence. Alice O'Brien, Eric A. Harrington, Rebecca Yates, NATIONAL EDUCATION ASSOCIATION, Washington, D.C.; Verlyn Chesson-Porte, NORTH CAROLINA ASSOCIATION OF EDUCATORS, Raleigh, North Carolina, for Amici The National Education Association and North Carolina Association of Educators. Emily Martin, Neena Chaudhry, Sunu Chandy, Adaku Onyeka-Crawford, NATIONAL WOMEN'S LAW CENTER, Washington, D.C.; Courtney M. Dankworth, DEBEVOISE & PLIMPTON LLP, New York, New York, for Amici National Women's Law Center and Coalition of Civil Rights and Public Interest Organizations. Jayme Jonat, Nina Kanovitch Schiffer, HOLWELL SHUSTER & GOLDBERG LLP, New York, New York, for Amicus Professor Ruthann Robson. Kristen Clarke, Assistant Attorney General, Thomas E. Chandler, Jason Lee, Appellate Section, Civil Rights Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States. Christopher A. Brook, PATTERSON HARKAVY LLP, Chapel Hill, North Carolina, for Amicus National Alliance for Public Charter Schools.

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