Vance Charter School Principal Court Continued
A Brunswick County charter school is petitioning the US Supreme Court to reconsider a ruling that its dress code violated the constitutional rights of its female pupils.
Operators at Charter Day School in Leland are asking the US Supreme Court to reverse a decision a federal appeals court made in June on the school's dress code.
That month the Fourth Circuit Court of Appeals found in a 10-6 ruling that the school violated female students' civil rights by requiring them to wear skirts, while their male peers were allowed to wear pants. The court found the school was in violation of Title IX – a federal law protecting students in public schools from gender-based discrimination.
In its petition, the school argues the ruling by the appeals court is flawed because it identifies Charter Day School as a state actor. The school argues it is a privately run school that receives public funding through its charter, and therefore is not a government-run entity.
Previous coverage: Leland charter school will appeal dress code lawsuit to US Supreme Court
Plaintiffs react: The end of a charter school's requirement that girls wear skirts, or not?
"The (court of appeals) decision ... profoundly threatens this model," said a statement from school officials in a Monday news release. "This holding undoes the central feature of charter schools by treating their private operators as the constitutional equivalent of government-run schools."
School officials said in the news release they believe the court's ruling puts the school's independence as privately run schools at risk, saying the rationale " lacks meaningful 'limiting principles.'"
North Carolina state law, the school argues, protects charter schools as independent institutions that are exempt from rules and regulations applicable to public school districts.
The appeals court, though, found that because the school receives taxpayer funding, it is liable to federal regulations like Title IX, which protects students from discrimination on the basis of sex.
US Appeals Court: Leland charter school's skirts-only dress code is unconstitutional
What happens next?
The petition asks the Supreme Court to "review and reverse" the Fourth Circuit's decision, though it's unclear if the Supreme Court will pick up the case to further analyze.
University of Richmond law professor Carl Tobias, who specializes in federal judicial selection, told the StarNews previously it's not likely the court will take up the case, though it could draw some interest because of the nature of the topic.
Charter Day School is one of four charter schools operated by the Roger Bacon Academy in the Wilmington-area. It focuses on "traditional values," according to a news release and teaches a "classical curriculum" to more than 1,000 students kindergarten through eighth grade.
The legal fight began in 2016 when a group of parents filed a lawsuit against the school after it refused to permit female students to wear pants like their male peers. The parents argued the skirt, jumper or skort requirement for girls limits students' ability to participate in activities like recess and are uncomfortable to wear throughout the school day.
In a previous statement, school founder Baker Mitchell said the dress code was intended to create a "code of conduct where women are treated, they're regarded as a fragile vessel that men are supposed to take care of and honor."
For now, the school's dress code was altered to allow girls to wear pants in adherence with the court ruling.
Contact reporter Sydney Hoover at shoover@gannett.com or on Twitter @sydneymhoover. Join the Education Issues in Southeastern North Carolina Facebook group to stay up-to-date on education news.
This article originally appeared on Wilmington StarNews: Leland charter school takes dress code battle to US Supreme Court
Source: https://www.yahoo.com/news/leland-charter-school-petitions-us-190949138.html
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