Are Public Charter Schools State Actors? Fourth Circuit Says “Yes”

Public charters are schools that operate within the bounds of a contract (or charter) with a state or local government. Because public charters operate through this separate agreement rather than under the rules and regulations of a school district, they typically have more flexibility to determine curricula and school policies, much like traditional private schools.

Despite this additional flexibility, public charters are publicly funded entities that are subject to the performance standards outlined in their charters. This convergence of public and private features has led to confusion as to whether public charters are required to provide students with the same legal protections as a traditional public school or whether they may operate independently of federal and constitutional mandates.