Three female students proved a North Carolina charter school’s rule requiring them and other girls to wear skirts, jumpers, or skorts violates the US Constitution, the full Fourth Circuit ruled 10-6 on Tuesday, reinstating a federal judge’s liability finding.
The novel decision rejected the reasoning of a divided three-judge panel, which ruled Aug. 9 that the three students and their parents failed to establish that Charter Day School is a “state actor” for purposes of the Constitution’s equal protection clause.
North Carolina delegated some of its constitutional obligation to provide a free public education to kids in the state when ...
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