The Thomas More Law Center, a national public interest law firm based in Ann Arbor, MI, late last week, filed a lawsuit against West Virginia Governor Earl Tomblin and several state officials to stop the state’s implementation of Common Core and its participation in the Smarter Balanced Assessment Consortium (“SBAC”).
The basis for the lawsuit is that it violates the US Constitution and federal and state laws that prohibit the federal government from usurping control over public school education.
The Common Core proponents and those on the left in general want us to believe that the Standards will not nationalize education but the tests based on the Standards and the curricula material being developed, all of which will be governed by the iron hand of the national Department of Education, will of course result in nationalized education in all public schools throughout the nation.
This lawsuit was filed on behalf of two West Virginia taxpayers who are anti-Core activists.
The lawsuit seeks to stop West Virginia’s payment of membership fees of over $1.5 million per year on the grounds that SBAC, to which West Virginia is a member, is an unconstitutional compact because it was never approved by Congress. The Compact Clause of the United States Constitution provides that “[n]o state shall, without the consent of Congress . . . enter into any agreement or compact with another state.”
West Virginia’s SBAC membership agreement forces West Virginia schools to align their curriculum with Common Core.
Common Core takes education out of local control and undermines the right of parents to control the education of their child.
DC wants a bureaucracy to control the education of children.
The Thomas More Center has developed a test refusal policy and form to use as a reference and guide because children who have followed their parents’ wishes and sat out tests were given unbelievable punishments such as having their honors taken from them, they have been removed from athletic participation, and they’ve been forced to “sit and stare” for hours in their seat as the test is given.