State asks federal judge to toss suit by Delaware charter school trying to stave off closure

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DOVER, Delaware — Attorneys for Delaware's Department of Education are asking a federal judge to dismiss a lawsuit by a struggling, predominantly black all-girls charter school trying to stave off a second state-ordered closure.

DOE attorneys argued in court papers Tuesday that the state's decision not to renew the charter of Reach Academy for Girls in New Castle doesn't amount to intentional gender discrimination, especially because another all-girls charter school could open in the future.

They also say Reach's claim of racial discrimination is not allowed as a private right of action under the Civil Rights Act.

Last month, the same judge refused to issue a preliminary injunction, saying Reach attorneys had not shown that they are likely to succeed with any of their claims, including claims of racial and gender discrimination.

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