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 UCLA, SBAC, 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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