As reported by Truth in American Education at:
http://truthinamericaneducation.com/common-core-state-standards/kentucky-parent-files-common-core-lawsuit/, below is the complete unedited lawsuit as reported:
Plaintiff, David Adams, for his Complaint against Defendants, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, Senate President Robert Stivers, in his official capacity as President of the Senate, Roger L. Marcum, in his official capacity as Chairman of the Kentucky Board of Education, Robert L. King, in his official capacity as President of the Council on Postsecondary Education and Cassandra Webb, in her official capacity as chairwoman of the Education Professional Standards Board respectfully states as follows:
I. NATURE OF ACTION
1. This is a civil action for declaratory and injunctive relief relating to Defendants’ acceptance of Common Core State Standards. Plaintiff seeks injunctive relief in the form of a court order reversing Defendants’ illegal acceptance of Common Core State Standards and forbidding any continued action relating to same until such time as specific legislative approval is granted.
1. This is a civil action for declaratory and injunctive relief relating to Defendants’ acceptance of Common Core State Standards. Plaintiff seeks injunctive relief in the form of a court order reversing Defendants’ illegal acceptance of Common Core State Standards and forbidding any continued action relating to same until such time as specific legislative approval is granted.
2. Time is of the essence in resolving this issue because substantial public resources have been and are currently being devoted to implementation of Common Core despite a clear constitutional mandate intended to provide for an efficient system of common schools. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and the Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional limits on executive and legislative branch authority to protect Kentuckians’ rights to seek and pursue their safety and happiness as explicitly guaranteed by the Kentucky Constitution.
3. The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to Plaintiff.
4. As a result of the actions of Defendants, Plaintiff respectfully seeks a temporary and permanent injunction against Defendants’ continued implementation of Common Core until such time as the General Assembly provides appropriate legislation to restore constitutionally mandated efficiency to the Commonwealth’s system of common schools.
II. THE PARTIES
5. David Adams is a taxpayer and citizen of the Commonwealth of Kentucky and parent of two students in Jessamine County Schools.
6. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.
7. Senate President Robert Stivers is sued in his official capacity as Senate President of the Commonwealth of Kentucky and a member of the Executive Branch of government pursuant to Section 85 of the Constitution of the Commonwealth of Kentucky.
8. Roger L. Marcum is sued in his official capacity as Chairman of the Kentucky Board of Education.
9. Robert L. King is sued in his official capacity as President of the Kentucky Council on Postsecondary Education.
10. Cassandra Webb is sued in her official capacity as Chairwoman of the Education Professional Standards Board.
III. JURISDICTION
11. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).
IV. FACTUAL ALLEGATIONS AND BACKGROUND
A. Common Core State Standards
12. On February 10, 2010, Defendants announced acceptance of Common Core State Standards despite the fact the standards had not yet been written. Subsequent obligations of the Commonwealth related to Common Core could not be known then and still cannot in order to reasonably determine the efficacy for their implementation.
A. Common Core State Standards
12. On February 10, 2010, Defendants announced acceptance of Common Core State Standards despite the fact the standards had not yet been written. Subsequent obligations of the Commonwealth related to Common Core could not be known then and still cannot in order to reasonably determine the efficacy for their implementation.
13. The Constitution of the Commonwealth, in Section 183, places responsibility for providing an efficient system of common schools upon the legislature. The Kentucky Supreme Court clarified this to mean "common schools shall be monitored by the General Assembly to assure they are operated without waste, duplication, mismanagement or political influence." Rose v. Council for Better Education, Inc. (Ky. 1989) 790 S.W.2d 186. By failing to intervene when Defendants obligated Kentuckians to unspecified mandates, duties, responsibilities and costs related to Common Core, the General Assembly violated Section 183.
V. CLAIMS FOR RELIEF
14. Plaintiff seeks declaratory relief pursuant to KRS 418.040. Plaintiff seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants’ acceptance of Common Core State Standards without sufficient knowledge or understanding of the costs of such action in violation of state law.
15. David Adams seeks injunctive relief relating to Defendants’ illegal acceptance and implementation of Common Core State Standards, namely reversal of such acceptance and implementation until such time as the General Assembly grants approval of same by appropriate legislation.
VI. PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for relief as follows:
1. Plaintiff requests the court enter a judgment declaring the legislature erred in failing to prevent acceptance and implementation of Common Core State Standards by Defendants and that such acceptance must be rescinded and that such implementation must cease and be reversed until such time as the General Assembly makes a determination by appropriate legislation specifically regarding efficiency in the Commonwealth’s system of common schools pertaining to standards, curriculum, best practices and testing.
WHEREFORE, Plaintiff prays for relief as follows:
1. Plaintiff requests the court enter a judgment declaring the legislature erred in failing to prevent acceptance and implementation of Common Core State Standards by Defendants and that such acceptance must be rescinded and that such implementation must cease and be reversed until such time as the General Assembly makes a determination by appropriate legislation specifically regarding efficiency in the Commonwealth’s system of common schools pertaining to standards, curriculum, best practices and testing.
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