Idaho is following the lead of Missouri, W. Virginia and North Dakota by filing a lawsuit over the Common Core tied Smarter Balanced Assessment Consortium (SBAC).
Attorney Bryan Smith is representing a collection of people in Idaho and has filed suit on their behalf challenging the Constitutionality of Common Core and the associated testing consortium, the SBAC under the Compact Clause. As such, the expenditures made by the state to the SBAC are illegal.
A group made up of about a dozen individuals along with the Idaho Freedom Foundation and Idaho Business Alliance filed a federal lawsuit saying that Congress never approved Common Core curriculum and if states are going to make agreements with one another that has to happen.
Common Core has been at the center of controversy since it was adopted in Idaho and Washington schools. Now its legality is being questioned in Idaho.
“States cannot enter agreements without first getting approval from Congress,” attorney Bryan Smith said.
Smith is one of the attorneys on the federal lawsuit filed against the State of Idaho. He says that’s exactly what states, including Idaho, did with the company who provides the Common Core testing.
“We’re seeking an injunction in joining the State of Idaho from spending anymore taxpayer money on this unconstitiutional scheme and we’re also seeking an injunction ordering the State of Idaho out of SBAC testing,” Smith said.
Currently Idaho pays $2.7 million in membership fees to the company responsible for Common Core as well as $3.3 million in testing fees and an additional $3 million for start up.
“There is a lot of people against Common Core for different reasons but we are against it because it is simply an unconstitutional scheme,” Smith said
The suit aims at Governor C.L. Otter, Idaho State Superintendent Sherri Ybarra and Stat Board of education member Don Soltman.
Read the full complaint.
Reminder, North Carolina is still an affiliate member of the SBAC.