NACSA Statement on U.S. Solicitor General Brief on Peltier v. Charter Day School

NACSA Statement on U.S. Solicitor General Brief on Peltier v. Charter Day School

The National Association of Charter School Authorizers (NACSA) agrees with the recent brief from Solicitor General Elizabeth Prelogar who affirmed that charter schools are public schools. The Solicitor General’s brief is consistent with the ruling from the U.S. Court of Appeals for the Fourth Circuit’s en banc decision last year in Peltier v. Charter Day School, holding that charter schools are, in fact, state actors for student federal equal protection purposes.

“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,” said Karega Rausch, Ph.D., NACSA’s President & CEO. “And as a result, charter school students deserve and enjoy the same civil and constitutional rights and protections as any peer attending a traditional district school.”

NACSA firmly believes, 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. And we believe that charter school authorizers have a clear responsibility to ensure charter schools guarantee equal access to all students.


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