Idaho Conservatives Sue To Stop Common Core
A coalition of Conservative Groups have banded together to file a lawsuit against the state of Idaho to stop Common Core in the Gem State. The lawsuit names Governor Otter, State Superintendent of Schools, President of the State School Board, as members of the executive branch of state government. The suit seeks to prevent Common Core funding through a declarative judgement and injunction against paying for Smarter Balanced Assessment Consortium (SBAC). The plaintiffs seek to require the state to withdraw from SBAC funding because it violates the constitution.
Attorney Chris Troupis, who filed the lawsuit, told KIDO exclusively this morning, "We have a constitutional case against Common Core. I put together a lawsuit against the state that is being filed today declaring Common Core unconstitutional in the state of Idaho. This is the end of freedom in America if we do not do anything about it."
Troupis sites Federalism and the Compact Clause as reasons why Common Core is unconstitutional. He says since Congress has not consented to Common Core, it's in violation of Federal Law. No one has brought a legal action against the consortium on these grounds. The suit has cost him $30,000 so far and could exceed $100,000.
Big government, big universities, and the Gates Foundation are supporters of the Core Standards. Troupis understands his challenge. "I'm going against the big guys. I could use all the help I can get from everyone."
The case will be argued by lawyers, although Troupis says it's about Idaho families. "They're trying to separate parents from their children. Most parents cannot do homework with their kids. Big government wants parents neutered. They want the state educating their kids, not the parent."
Here are the highlights of the case:
1. Congress has declared that the Federal Government is prohibited from directing or controlling the administration of state and local education, including curriculum and programs of instruction.
2. The Department of Education side-stepped Congress' prohibition by making eligibility for 4.3 billion in education grants conditional on a state's agreement to adopt uniform education standards, i.e. the Common Core.
3. As a further condition to receive federal grant money, the Department required the states to create an interstate consortium to implement the Common Core Standards. That consortium was SBAC ("Smarter Balanced Assesment Consortium"), created with 160,000,000 grant money from the Department of Education.
4. Idaho joined SBAC in 2010 in order to qualify for Race to the Top grant money.
5. Idaho's SBAC membership agreement resulted in Idaho giving up sovereignty in decisions about education policy and curriculum to the SBAC Governing Board.
6. Idaho pays SBAC a yearly feed from taxpayer funds for membership and for student assessment testing.
7. Idaho's membership in SBAC is illegal because it was formed in violation of the Compact Clause of the U.S. Constitution, which provides: "No State shall, without the Consent of Congress,...enter into any agreement or compact with another state..."
8. Idaho taxpayers have standing to complain about the illegal use of taxpayer funds by the state. Since Idaho's membership in SBAC is unconstitutional, its payment of taxpayer funds to that entity is likewise illegal and subject to injunction by taxpayers.