Federal Judge Dismisses Bobby Jindal’s Common Core Lawsuit

Jindal in Iowa

Jindal in Iowa

Well there is at least one federal judge who needs to do her homework when it comes to Common Core.  You may have seen last week that Louisiana Governor Bobby Jindal’s lawsuit against the U.S. Department of Education was dismissed by a federal judge appointed by President Barack Obama.

The New Orleans Times-Picayune reports:

U.S. District Judge Shelly Dick wrote that Common Core is not a curriculum and that federal education laws don’t infringe on states’ rights….

Dick said the federal government never endorsed Common Core and did not help create it. That knocks down a charge made by Jindal and other conservative Republicans across the United States…

Dick, whom President Barack Obama appointed to the bench, disagreed. “The evidence supports the finding that participation in both programs is completely voluntary and not unconstitutionally coercive,” she wrote. The score sheet for the federal government’s Race to the Top grant program “encouraged standards that were ‘internationally benchmarked’ and ‘college and career ready,’ but there was no evidence that the (federal) DOE defined the content of those standards,” Dick wrote.

Really?  No Child Left Behind mandating testing doesn’t infringe upon states’ rights? The federal government never endorsed Common Core????? Seriously? Is this why U.S. Education Secretary Arne Duncan “pushed back against attacks on the Common Core State Standards?” Is this why he spoke out after the South Carolina Legislature first introduced a measure to block it’s implementation in 2012?  Is this why he is giving a sales pitch for the lower Common Core test scores?

Granted Judge Dick has to examine the evidence she is given (and I haven’t read the case made by Jindal’s lawyers), but to say the U.S. Department of Education did not endorse Common Core is ludicrous.

With the Race to the Top application scorers were instructed to give high points for states who adopt “college and career ready standards” that are being implemented by a majority of states.  They also had to join one of two assessment consortia which were funded by the Feds.  How is that legal?  The Elementary and Secondary Education Act and the Education Provisions Act both state the Feds can not push a national test, but apparently, in the mind of Judge Dick paying a third party of develop one or two is just fine.

Not to mention the U.S. Department of Education used the earmark in the American Recovery and Reinvestment Act in a way not stipulated by Congress.  If Arne Duncan and company didn’t violate the law they certainly violated the spirit of it.

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