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Sunday, March 1, 2015

Common Core Testing Regime Ruled Unconstitutional

Common Core Testing Regime Ruled Unconstitutional

Posted on MARCH 1, 2015 Written by 

In a devel­op­ment with mas­sive impli­ca­tions for the Obama administration’s ongo­ing attempt at nation­al­iz­ing edu­ca­tion with Com­mon Core, a Mis­souri judge ruled this week that the fed­er­ally funded test­ing regime for the con­tro­ver­sial stan­dards was uncon­sti­tu­tional. The rul­ing means that the state of Mis­souri is offi­cially pro­hib­ited from par­tic­i­pat­ing in the “Smarter Bal­anced Assess­ment Con­sor­tium” (SBAC), a key ele­ment of Com­mon Core enforce­ment, because it’s an “uncon­sti­tu­tional inter­state compact.”

The law­suit against par­tic­i­pa­tion in the scheme was filed late last year by a group of tax­pay­ers seek­ing to uphold the rule of law, safe­guard pub­lic funds, and stop Com­mon Core. Judge Daniel R. Green, with the Cir­cuit Court of Cole County, Mis­souri, ruled in favor of the plain­tiffs and ordered the state to imme­di­ately halt all involve­ment with the fed­er­ally funded “multi-state” test­ing regime. In par­tic­u­lar, Judge Green noted that Con­gress had never approved the inter­state com­pact being foisted on states by the Obama administration’s Depart­ment of Education.

The Court finds that the Smarter Bal­anced Assess­ment Con­sor­tium, a.k.a. Smarter Bal­anced, Smarter Bal­anced at UCLASBAC, and SB, is an unlaw­ful inter­state com­pact to which the U.S. Con­gress has never con­sented, whose exis­tence and oper­a­tion vio­late the Com­pact Clause of the U.S. Con­sti­tu­tion, Arti­cle I, § 10, cl. 3, as well as numer­ous fed­eral statutes,” the judge ruled. “Missouri’s par­tic­i­pa­tion in the Smarter Bal­anced Assess­ment Con­sor­tium as a mem­ber is unlaw­ful under state and fed­eral law.”

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