Charter Schools, Students of Color and the State Action Doctrine: Are the Rights of Students of Color Sufficiently Protected?

Abstract

This Article examines the dangers that Caviness v. Horizon Learning Center may pose for students of color who are attending charter schools. The first section provides an overview of 42 USC § 1983 and Rendell-Baker v. Kohn, the Supreme Court case that examined the statute’s applicability to private schools. The second section discusses how courts prior to the Caviness decision have addressed the question of whether charter schools are state actors under § 1983. The third section discusses the Caviness case. The final section explores the legal implications that Caviness may have for the legal rights of students of color who attend charter schools.