North Dakota citizens, including a state representative, challenge the legality of the Smarter Balanced Assessment Consortium.  From The Thomas More Center:

Responding to the concerns of parents and teachers over the Common Core State Standards and the Federal government’s control of curriculum nationwide, the Thomas More Law Center announced today that it has joined in filing a lawsuit against North Dakota’s governor, state superintendent and other state officials.  The lawsuit claims that North Dakota’s participation in the Smarter Balanced Assessment Consortium (“SBAC”) and its implementation of Common Core is unconstitutional and violates several federal laws that prohibit federal control of our public schools and their curriculum.

Lawsuit by the Thomas More Law Center Challenges the Constitutionality of Common Core in North Dakota

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed-up with attorney D. John Sauer of the St Louis, MO firm, Clark & Sauer, to file the lawsuit. This lawsuit follows Sauer’s success in stopping Missouri’s membership in SBAC on similar grounds.  Bismarck, ND Attorney, Arnold Fleck, has agreed to assist in the lawsuit as local counsel.

Plaintiffs in the case, who are all North Dakota residents and state taxpayers, include: Steve Cates, Catherine Cartier, Charles Cartier, and Robert Skarphol, who is also an elected member of the North Dakota House of Representatives.

Read the entire press release here.

The last paragraph sums up the issue:

In a nutshell, SBAC’s existence, purpose, function, activities, governance, and manner of operation violates the Compact Clause of the U.S. Constitution, and federal statutes guaranteeing state and local control of curriculum, programs of instruction, and related matters in public schools.

 

Here is information on the lawsuit in Missouri against SBAC.  Judge Green ruled in our favor and the State is currently challenging that ruling.

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