Friday, August 1, 2014

Lawsuit Alleges Utah State School Board Improperly Adopted Common Core

 According to a new lawsuit filed yesterday, the Utah State School Board "violated [the] law by adopting the Common Core State Standards without substantive input from parents and educators." The lawsuit was brought by the Libertas Institute, along with six parents and teachers. The plaintiffs contend that "they were denied an opportunity to be consulted" before the standards were adopted and request that the court grant an injunction against any implementation of the Common Core.

In an effort to settle some of the controversy over the state's adoption of the Common Core, Governor Gary Herbert recently sought an opinion from the state Attorney General's office regarding local control over curriculum.  According to the president of the Libertas Institute, the main thrust of the lawsuit is much broader than simply "how much or if the federal government is in control of Utah." Rather, the lawsuit addresses the procedures used to adopt the common core back in 2010, which, according to the plaintiffs, "was done with little or no input from constituents." Per Utah statute, it is the State School Board's responsibility to establish "rules and minimum standards for the public schools," but the implementation of these standards is to be done "in consultation with local school boards, school superintendents, teachers, employers, and parents." Many school officials throughout the state have maintained that the consultation process was followed, but because the Common Core was not as controversial at the time, attendance was low.  Regardless, the case adds yet another wrinkle in a state questioning how it might get out of the Common Core and the other terms imposed as conditions on their No Child Left Behind waiver.

The complaint is available here.

 

http://lawprofessors.typepad.com/education_law/2014/08/lawsuit-alleges-utah-state-school-board-improperly-adopted-common-core.html

ESEA/NCLB, Federal policy, State law developments | Permalink

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