In “How the Supreme Court can protect charter schools,” George Will argues that charter schools should be free to provide “educational heterodoxy” even if that means promoting and enforcing values that violate students’ constitutional rights. He concludes that only the Supreme Court can “protect” charter schools from litigation by removing their “state actor” designation.
However, Mr. Will has neglected to mention an important fact in his defense of charter schools’ need for exemption of their state actor status. Charter schools are taxpayer funded. Let me say that again: Charter schools get their funds from you and me. We, the taxpayers, have a right to expect that institutions that receive taxpayer funds will follow the law.
The path to freedom to provide “educational heterodoxy” without fear of litigation is much simpler than appealing to the Supreme Court. Stop taking taxpayer money. Become a privately funded school and be free to promulgate whatever values you wish. Until then, follow the law.
