Oklahoma AG responds to US Supreme Court action on charter schools

OKLAHOMA CITY (KFOR) - Oklahoma Attorney General Gentner Drummond has responded after the U.S. Supreme Court declined to hear a case regarding the dress code of a North Carolina charter school.

On Monday, the Supreme Court declined hear the case of Charter Day School v. Peltier, leaving intact a lower court’s ruling that the policy must be changed.

In the case, parents and students sued over the institution’s dress code policy that says girls are required to wear skirts. 

According to officials, federal appeals court noted the policy violated the 14th Amendment’s equal protection clause, a decision left in place by the Supreme Court’s decision not to hear the case.

The decision was carefully watched as charter schools fight to be seen the same as public schools, although they can receive private funding. 

The federal appeals court said the school is a “state actor” and must be treated like all public schools, which means it cannot have a dress code specifically for women. 

“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.”

Officials say the National Alliance for Public Charter Schools was also pleased with the Supreme Court’s decision not to hear the case, because calling public charter schools “state actors” helps their cause. 

“We are pleased to put this matter behind us and move forward with the critically important work of ensuring every child in this nation has access to a high-quality public education. The actions of the high court affirm that as public school students, charter school students are entitled to the same federal protections as their counterparts who attend district schools,” said Nina Rees, president and CEO of the organization.

This is probably not the last time the courts will have to hear arguments on the role of charter schools; Oklahoma recently approved the nation’s first religious charter school.

Attorney General Drummond commented on the Supreme Court's decision on Monday.

“The Supreme Court’s decision not to take up the Peltier case is promising for all Oklahomans who are troubled by the possibility of state-funded religious charter schools. While the Court’s action may be taken as a favorable development in the effort to maintain secular public schools, I expect much litigation on this issue in the months to come. I will continue fighting to protect the Constitution and preserve religious liberty, just as my oath requires.”

Attorney General Gentner Drummond

Officials say this development comes after the Statewide Virtual Charter School Board voted to approve what would be the nation's first religious charter school. A decision Drummond says is a violation of the United States and state constitutions.