Judge dismisses plea to have Kentucky Core Academic Standards halted, tells activist to make case elsewhere

This from KSBA:

A Frankfort judge has tossed a lawsuit targeting Kentucky’s implementation of common core academic standards in public schools.

Nicholasville political activist David Adams filed the suit in November, naming Gov. Steve Beshear, Senate President Robert Stivers, the Kentucky Board of Education, the state Education Professional Standards Board and the state Council on Postsecondary Education. Adams claimed that the law and administrative regulation under which common core standards were adopted and implemented were unconstitutional. A parent of two Jessamine County students, Adams also claimed “substantial public resources” were being spent in support of the standards implementation.

Judge Phillip Shepherd

In his decision, first reported Tuesday by the blog Kentucky School News and Commentary, Franklin Circuit Judge Phillip J. Shepherd said, “The Court system is not the proper forum to resolve disputes over the educational philosophy of the core content standards. Here, it is clear that the legislature enacted a statute requiring the adoption of the core curriculum standards, and the state Board of Education properly adopted an administrative regulation as to the core curriculum."

Shepherd said that the proper forum for Adams to air his grievances is through the legislative process or by addressing those concerns directly to the Department of Education, Council on Postsecondary Education, and the Education Professional Standards Board.

“No common curriculum will satisfy all parents, students, teachers or citizens. But every difference of opinion as to the content of common curriculum does not give rise to case or controversy that can be adjudicated by the Courts,” the judge said, adding that Adams failed to “articulate a particularized injury, lacks standing to bring such claims and fails to state a claim upon which relief can be granted.”

Judge Shepherd dismissed the case with prejudice, which means Adams is barred from filing the same lawsuit in the future.

Unencumbered by reality, Adams told his Facebook friends today that he was "working on the next brief in our Common Core lawsuit." One supposes he could submit to Judge Shepherd a Motion to Vacate, or Reconsider, but it's hard to imagine that document getting anymore of the judge's attention than it takes him to focus his eyes on the line where he signs his denial of Adams' motion. Adams could appeal...but on what grounds? Not that Adams needs grounds like the rest of us. He is an almighty taxpayer.

But conservative efforts to derail Common Core continue, this time along a more appropriate avenue. Today, Rep. Thomas Kerr (R-Kenton) filed HB 215 which he tells Kentucky School News & Commentary "would prohibit the implementation of Common Core" in Kentucky. The bill should be available for viewing later tonight, here.