“The Court finds that the Smarter Balanced Assessment Consortium is an unlawful interstate compact to which the U.S. Congress has never consented, whose existence and operation violate the Compact Clause of the U.S. Constitution”
The Smarter Balanced Assessment Consortium has been ruled to be breaking many laws in our country according to Judge Daniel R. Green of the Circuit Court of Cole County in Missouri. The most important of which is the fact that it was never passed by Congress. The Court also found that taxpayer money must not be given to this unlawful compact.
The Missouri Coalition Against Common Core, led by Frank Sauer, filed suit against Missouri Governor Jay Nixon last year. Judge Green, on November 26th, ordered a two week restraining order against any taxpayer dollars going to the SBAC. Yesterday, he gave his final ruling against Governor Nixon and essentially invalidated the very premise of the Smarter Balanced Assessment Consortium.
For my own state of Delaware, I will be forwarding this case to our Attorney General Matt Denn for an official legal opinion on this type of arrangement within our own state.
Special thanks to the awesome Delaware blog Minding My Matters for bringing this to my attention.
Updated, 11:33am, 2/25/15: Diane Ravitch has written a post on this as well based on an article in the Missouri News Tribune which can be read here and gives more details on the case: