NC School Asks Supreme Court To Review Dress Code Ruling

LELAND, N.C. (AP) โ€” A North Carolina charter school is petitioning the U.S. Supreme Court to reconsider an appeals court ruling that the school violated female studentsโ€™ constitutional rights by requiring them to wear skirts.

In June, a majority of the full U.S. 4th Circuit Court of Appeals found that the dress code at Charter Day School in Leland violated female studentsโ€™ equal protection rights. The courtโ€™s majority concluded that since public charter schools receive public funds theyโ€™re โ€œstate actorsโ€ and subject to the Constitutionโ€™s equal protection clause.

In its petition, the school asks the Supreme Court to โ€œreview and reverseโ€ the 4th Circuitโ€™s decision, arguing that itโ€™s a privately run school that receives public funding through its charter, and therefore itโ€™s not a government-run entity, The StarNewsย reported.

School officials said in a news release Monday that the decision threatens the model.

โ€œThis holding undoes the central feature of charter schools by treating their private operators as the constitutional equivalent of government-run schools,โ€ school officials said.

North Carolina state law protects charter schools as independent institutions exempt from rules and regulations applicable to public school districts, the school argued.

School founder Baker Mitchell has said the dress code was intended to create a โ€œcode of conduct where women are treated, theyโ€™re regarded as a fragile vessel that men are supposed to take care of and honor.โ€ For now, the dress code has been changed to allow girls to wear pants in line with the court ruling.