BESE Abdicates Constitutional Authority to PARCC, PEARSON and U.S.ED


Chas, you continue to say "This is a question of who has authority to write the questions for our test."  You are absolutely correct and it is absolutely clear that PEARSON has been given the authority to write the questions by virtue of Louisiana's MOU and commitment to PARCC.  BESE has abdicated its authority and THIS is unconstitutional! 
 BESE members MUST admit they have been bamboozled by John White and turn this thing around.  Your reputations are at stake.  
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Baton Rouge -- (Press Release) The Jindal Administration has filed a lawsuit to invalidate the Memorandum of Understanding with Partnership for Assessment of Readiness for College and Careers.

The filing challenges the MOU on the basis that it offends state sovereignty by attempting to improperly delegate the constitutional authority of BESE and the Legislature to a “consortium” of other states.

The non-delegation doctrine is recognized in both federal and state law and is based on the principle that certain powers authorized to the state cannot be delegated to other public or non-public entities.

The Jindal Administration’s outside counsel Jimmy Faircloth said, “In simple terms, the non-delegation doctrine protects the democratic process by preventing a constitutional body from assigning or transferring its constitutional obligations to other public or private entities. By its clear terms, the PARCC MOU purports to commit the development of Louisiana education policy to a private non-Louisiana entity controlled by a ‘Governing Board’ consisting of individuals who are completely unaccountable to Louisiana voters. The procurement dispute is a result of the illusion that the PARCC MOU somehow insults the assessment process from the strictures of state law. It squarely demonstrates the very harm that the non-delegation doctrine is intended to prevent.”

Click here to read the lawsuit.
And this, purely and simply, is exactly what has happened. All authority for our standards and the PARCC assessment has been abdicated by BESE via these agreements. Here are the New Mexico contract with Pearson for the PARCC test which is clearly written on behalf of all the PARCC states that purchase the tests, along with the PARCC By-Laws, and the Cooperative agreement between U.S.ED and PARCC. It just couldn't be any clearer.


New Mexico procurement contract with Pearson:

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