Charter Schools Are Part of Private Law, Not Public Law
Public law and private law are separate spheres of law that operate according to different standards and relationships.1
Private law governs relations between private citizens, whereas public law governs relations between individuals and the state. This distinction is critical. Private law does not concern society as a whole; public law does.
Private law includes tort law, contract law, commercial law, and property law. Public law encompasses constitutional law, administrative law, criminal law, tax law, and municipal law.
Public schools fall under public law and are considered to be government enterprises, i.e., agencies of the state, also known as political subdivisions of the state. Public schools serve a public purpose, have elected school boards, accept all students, do not charge tuition, and have taxing powers. Charter schools, on the other hand, are contract schools that fall under private law. They are not public schools in the proper sense of the word; they are private non-profit or for-profit organizations that do not accept all students and cannot levy taxes. Charter schools are not governmental entities or political subdivisions of the state. To call them public schools is incorrect.
A contract is a legally binding voluntary agreement — not just a promise — between two or more parties to do or not do something during a specified period of time, with associated rewards and punishments. Contracts are CONTINUE READING: Charter Schools Are Part of Private Law, Not Public Law | Dissident Voice
