Opponents of “Common Core” educational standards have gone to court – to challenge North Dakota’s membership in the Smarter Balanced Consortium.
That consortium has written assessment tests based on Common Core.
The plaintiffs want South Central District Judge David Reich to issue an injunction – to prohibit the state from spending any more money on Smarter Balanced. Attorney D. John Sauer of St. Louis, Missouri argued that the Smarter Balanced Consortium is unconstitutional – because it was not approved by Congress. Also, he told the court the payments violate federal law.
"Particularly 50 years of federal educational statutes that prohibit the establishment of a national curriculum, and the exercise of direction or control by the federal Department of Education over state and local educational entities and policy," said Sauer.
Sauer says the state has given up its sovereignty to this consortium.
North Dakota Solicitor General Doug Bahr argued the state has the right to leave the consortium at any time – and is not being forced to do anything.
"This is our decision," argued Bahr. "This is the state decision. And the fact we get some benefit, either through federal funds or corroborating with other states in making that decision, doesn't violate federal law and doesn't take away our sovereignty."
Judge Reich told the parties he has “a lot of reading to do” – and will rule later. There’s also a pending motion to dismiss the case.
