On May 22, 2023, U.S. Solicitor General Elizabeth Prelogar issued a brief on Peltier v. Charter Day School in response to a request made by the U.S. Supreme Court in January 2023.
Nina Rees, President and CEO of the National Alliance for Public Charter Schools, issued the following statement.
“Solicitor General Elizabeth Prelogar agrees: Charter schools are public schools and state actors for purposes of students’ federal constitutional rights. Charter school students therefore deserve equal protection from discrimination under the U.S. Constitution.
“We are hopeful the Supreme Court Justices will agree with the Solicitor General’s reasoned brief and decide that Peltier v. Charter Day School should not be heard by the Court.
“Given the population of students served by charter schools – nearly 70% Black and Brown children – having the same constitutional and civil rights protections as their district public school peers is fundamental and non-negotiable. Charter schools provide a public education free of many of the administrative burdens that come with being part of a school district—in exchange for accountability to families and to states. These unique public schools will in no way sacrifice innovation by adhering to the Constitution.
“The Solicitor General’s brief is consistent with the previous ruling of the en banc 4th Circuit, which affirmed what charter advocates, charter schools, and, most importantly, charter families around the country know: charter school students are public school students and must be protected under the U.S. Constitution. The Supreme Court in its wisdom must find the same.”