Gov. Jindal administration files countersuit over the Common Core education standards

Common Core battle continues
Published: Jul. 29, 2014 at 5:25 PM CDT|Updated: Jul. 29, 2014 at 6:25 PM CDT
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BATON ROUGE, LA (WAFB) - Louisiana's state school board held a special meeting Tuesday morning and voted to sue Gov. Bobby Jindal in an ongoing dispute over the Common Core education standards. Jindal's administration then filed a countersuit arguing the Louisiana Board of Elementary and Secondary Education (BESE) improperly delegates constitutional authority to the Partnership for Assessment of Readiness for College and Careers (PARCC).

Jindal opposes the multi-state standards, while Education Superintendent John White and most members of the Board of Elementary and Secondary Education continue to support them.

In a news release from Gov. Jindal's office, "The filing challenges the MOU on the basis that it offends state sovereignty by attempting to improperly delegate the constitutional authority of BESE and the Legislature to a 'consortium' of other states. The non-delegation doctrine is recognized in both federal and state law and is based on the principle that certain powers authorized to the state cannot be delegated to other public or non-public entities."

The Jindal Administration’s outside counsel Jimmy Faircloth said, “In simple terms, the non-delegation doctrine protects the democratic process by preventing a constitutional body from assigning or transferring its constitutional obligations to other public or private entities. By its clear terms, the PARCC MOU purports to commit the development of Louisiana education policy to a private non-Louisiana entity controlled by a ‘Governing Board’ consisting of individuals who are completely unaccountable to Louisiana voters. The procurement dispute is a result of the illusion that the PARCC MOU somehow insults the assessment process from the strictures of state law. It squarely demonstrates the very harm that the non-delegation doctrine is intended to prevent.”

To view the legal filing, click here (.PDF).

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