Wednesday, July 23, 2014
Seventeen Louisiana legislators have filed suit, alleging that Louisiana State Board of Elementary and Secondary Education's adoption of the Common Core Curriculum did not comply with the necessary process required by the state's Administrative Procedures Act. This case is the inverse of the one dismissed last week by the Oklahoma Supreme Court. There, the legislature had repealed the Common Core and the state board argued that the legislation violated the board's constitutional authority to supervise education. In Louisiana, the legislature is claiming the board acted unlawfully in adopting the common core.
The Common Core, teacher assessment changes, and NCLB waivers--which prompted the first two reforms, are producing schizophrenic litigation. Almost every week has brought new litigation,but unlike education reform litigation of the past, the litigation is not following a predictable or consistent pattern. In one state, teachers will challenge evaluation and retention changes as unconstitutional. In another, students will challenge the traditional teacher evaluation and retention laws as unconstitutional. Louisiana and Oklahoma reveals the same mirroring of positions between legislatures and state boards over curriculum. The only trend that does seem steady is constituents turning to the courts to gain leverage on these issues. Thus, I would expect more cases to follow.
More here on teacher litigation.