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

Washington and Lee Journal of Civil Rights and Social Justice, 18, 253-75, 2012

24 Pages Posted: 1 Feb 2014

See all articles by Preston Green

Preston Green

University of Connecticut

Erica Frankenberg

Pennsylvania State University

Steven Nelson

University of Nevada, Las Vegas

Julie Rowland

Pennsylvania State University

Date Written: March 1, 2012

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.

Suggested Citation

Green, Preston and Frankenberg, Erica and Nelson, Steven and Rowland, Julie, Charter Schools, Students of Color and the State Action Doctrine: Are the Rights of Students of Color Sufficiently Protected? (March 1, 2012). Washington and Lee Journal of Civil Rights and Social Justice, 18, 253-75, 2012, Available at SSRN: https://ssrn.com/abstract=2388464

Preston Green (Contact Author)

University of Connecticut ( email )

Erica Frankenberg

Pennsylvania State University ( email )

University Park
State College, PA 16802
United States

Steven Nelson

University of Nevada, Las Vegas ( email )

4505 S. Maryland Parkway
Las Vegas, NV 89154
United States

Julie Rowland

Pennsylvania State University ( email )

University Park
State College, PA 16802
United States

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