EduShyster interviewed Preston Green, who has studied the legal status of charter schools and published scholarly articles on the subject.


Green points out out in the interview that a major difference between public schools and charter schools is the rights of students. The constitutional rights of charter students are significantly less than those of students in public schools.


Dr. Green points out that charter schools have a different legal status than public schools.


EduShyster writes:


“Dr. Green warns that both state and federal courts have issued rulings stating that students in charters do not have the same due process rights as public-school students. So what does this mean for cities like Los Angeles where a dramatic expansion of charter schools is on the table? *Half of the publicly-funded schools in Los Angeles might be legally permitted to ‘dismiss’ students without due process.* says Dr. Green. *We have to ask ourselves if such a scenario is acceptable.*



“I asked Dr. Green to explain some recent court rulings on student rights, and how they relate to the larger debate over whether charter schools are public or private entities. Take it away, Dr. Green. Court is in session…



By Preston Green
“Charter advocates claim that charter schools are *public schools* because *they are open to all, do not charge tuition, and do not have special entrance requirements.* But what about student rights? State and federal courts have issued rulings suggesting that students attending California charter schools do not have the same due process rights as those enjoyed by public-school students. In Scott B. v. Board of Trustees of Orange County High School of Arts, a state appellate court found that charter schools were exempt from due process procedures that applied to public-school expulsions. In reaching this conclusion, the court observed that the state education code generally exempted charter schools from rules that applied to traditional public schools, and the expulsion statute was one of those rules.”


In short, students check their constitutional rights at the charter school door.