In our June 5, 2014 Scales of Justice article entitled, "Is The Common Core Illegal?", we examined the legality of the Common Core national education program. Some of the challenges addressed included potential violations of the 10th Amendment to the U.S. Constitution, the General Education Provisions Act, the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 and privacy laws.
Essentially opponents to the Common Core believe the federal government has overreached its power, trampled upon states' rights and coerced states to "race to the top" by making federal education funds contingent upon participation in a seriously flawed Common Core program. Proponents believe no such violations exist, in that each state had the choice of whether or not to participate in the Common Core. At the end of the aforesaid Scales of Justice article as to whether or not the Common Core is illegal, we concluded that it may soon be a question for the courts to decide, and now officially it is.
Louisiana Governor Republican Bobby Jindal, has filed suit against The United States Department of Education and Arne Duncan, in his official capacity as the U.S. Secretary of Education, challenging the legality of the Common Core. Governor Jindal, formerly a proponent of the Common Core, essentially claims in part that the Obama Administration effectively coerced states to join the Common Core. Further, that said coercion was executed by dangling a 4.3 billion dollar federal education grant money carrot in front of them, thereby violating the Constitution and federal law. If Governor Jindal's federal lawsuit succeeds, states that choose not to participate in the Common Core will no longer be denied "race to the top" federal funds.
Long Island Lawyer
Paul A. Lauto, Esq.