Common Core Testing Regime
Ruled Unconstitutional
EXCERPT:
"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."
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MISSOURI JUDGE RULES ‘SMARTER BALANCED’ COMMON CORE TEST CONSORTIUM UNCONSTITUTIONAL
EXCERPT (JUDGMENT OF COURT):
"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; and that Missouri’s participation in the Smarter Balanced Assessment Consortium as a member is unlawful under state and federal law.
Accordingly, the Court DECLARES that any putative obligations, including the obligation to pay membership fees, of the State of Missouri to the Smarter Balanced Assessment Consortium, Smarter Balanced at UCLA, Smarter Balanced, SBAC, SB, the University of California, and/or the National Center for Research on Evaluation, Standards and Student Testing (collectively, “SBAC”) are illegal and void; DECLARES that no Missouri taxpayer funds may be disbursed to SBAC in the form of membership fees, whether directly or indirectly; and PERMANENTLY ENJOINS Defendants, and each of them, and all those in active concert with them, from taking any action to implement or otherwise effectuate any payment of Missouri funds as membership fees to SBAC, whether directly or indirectly."
