Supreme Court of the United States · Official docket →
Charter Day School, Inc., et al. v. Bonnie Peltier, as Guardian of A. P., a Minor Child, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1001, 20-1023 · judgment June 14, 2022
Before the decision, about 4.1× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
North Carolina—like most other states—authorizes private nonprofit corporations to operate charter schools that are open to all, tuition-free, and publicly funded, as an alternative to traditional, government-run public schools. Charter-school operators are broadly empowered to devise educational policies and pedagogical methods without state coercion or encouragement. They are generally exempt from the laws and the governmental chain of command that apply to traditional public schools and are governed instead by a charter contract with the State that imposes high-level performance and fiscal benchmarks. Petitioners operate such a charter school and exercised their independent policymaking authority to implement a school-uniform policy desired by parents who choose to send their children to the school. It is undisputed that the State played no role in creating the school-uniform policy. The question presented is: Whether a private entity that contracts with the State to operate a charter school engages in state action when it formulates a policy without coercion or encouragement by the government.
Counsel of record
For petitioner
Aaron Michael Streett
Baker Botts, L.L.P.
For respondent
Ria Tabacco Mar
ACLU
Case
Conference history
Distributed for 2 conferences
Amicus briefs
8 cert-stage
Proceedings
- Jun 26 2023Petition DENIED.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 05 2023Supplemental brief of petitioners Charter Day School, Inc., et al. filed. (Distributed)
- May 22 2023Brief amicus curiae of United States filed.
- Jan 09 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 20 2022Reply of petitioners Charter Day School, Inc., et al. filed. (Distributed)
- Dec 07 2022Brief of respondents Bonnie Peltier, as Guardian of A. P., a Minor Child, et al. in opposition filed.
- Nov 08 2022Motion to extend the time to file a response is granted in part and the time is further extended to and including December 7, 2022.
- Nov 07 2022Motion to extend the time to file a response from November 14, 2022 to December 13, 2022, submitted to The Clerk.
- Oct 14 2022Brief amicus curiae of John Locke Foundation filed.
- Oct 14 2022Brief amici curiae of Texas, et al. filed.
- Oct 14 2022Brief amicus curiae of Catholic Charities of the Diocese of Arlington, Inc. filed.
- Oct 14 2022Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
- Oct 14 2022Brief amicus curiae of Independent Women's Law Center filed.
- Oct 14 2022Brief amici curiae of Timothy K. Moore, Speaker of the North Carolina House of Representatives, et al. filed.
- Oct 14 2022Brief amicus curiae of Great Hearts Academies filed.
- Sep 20 2022Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022.
- Sep 19 2022Motion to extend the time to file a response from October 14, 2022 to November 14, 2022, submitted to The Clerk.
- Sep 15 2022Blanket Consent filed by Petitioner, Charter Day School, Inc., et al.
- Sep 12 2022Petition for a writ of certiorari filed. (Response due October 14, 2022)