Backers of the Common Core State Standards filed a lawsuit in 19th Judicial District Court on Tuesday claiming that Gov. Bobby Jindal and the Division of Administration took unconstitutional and illegal steps to suspend testing contracts associated with Common Core.

Teachers, parents and a charter school management organization filed the 30-page suit. It mentions executive orders the governor issued in June directing the Board of Elementary and Secondary Education to suspend testing contracts related to the Partnership for Assessment of Readiness for College and Careers and undergo “a competitive bidding process to obtain assessments for students.”

Attorney Stephen Kupperman, who represents the plaintiffs, said in a conference call that the executive orders interfered with constitutional rights that allow the Legislature “to set policies and guidelines for education” and allow BESE to implement them. BESE members adopted Common Core in 2010, a move Jindal supported at the time.

“We think the governor has overstepped his bounds and doesn’t have any right to do this by issuing his orders,” Kupperman said. “(It has) created chaos in the education system in the state.”

Jimmy Faircloth, an attorney for the governor’s office, said Jindal “has a constitutional obligation to utilize the full powers of his office to apply state law.”

“This suit was kind of a jump into the court prematurely and without legal basis,” he said. “I think it’s a hollow statement … and there is nothing unlawful about what the governor is doing here.”

One of the plaintiffs is the Choice Foundation, which operates three charter schools in Orleans Parish. Chairman Jim Swanson said Jindal’s change of position on Common Core has left teachers “unclear on what standards kids are supposed to achieve at the end of the school year.” The lawsuit says that not having an assessment for the upcoming school year “risks the loss of federal funds that Choice Foundation receives.”

State Education Superintendent John White issued a statement saying that “neither BESE nor the Department of Education is a party to this lawsuit.” But with the upcoming school year less than a month away, he said, “It is critical that our state resolve as soon as possible the issue of who determines the content of state tests.”

Keith Leger, assistant principal at S.J. Welsh Middle School, said the debate on Common Core “was during the legislative session.” Leger, who supports Common Core, said the lawsuit “will hopefully bring stability and peace of mind for teachers who have been planning and aligning resources for the past few months.”

Kupperman said the plaintiffs have asked for a preliminary injunction, or expedited consideration, on the suit. He said Judge Todd Hernandez has set a hearing for Aug. 4.

“We don’t want to hold the children of this state hostage to someone’s political ambition,” Kupperman said. “The (plaintiffs), as are we, are concerned about the future of the state and its children.”

The Black Alliance for Educational Options has supported the lawsuit.

On Monday, more than a dozen state House lawmakers who oppose Common Core filed a lawsuit that alleges BESE and the state Department of Education violated state law when they implemented the standards because they didn’t follow the Administrative Procedures Act.

Those required steps included public notice, a 90-day comment period, open hearings and legislative oversight.

Earlier this year, state lawmakers killed legislation filed by Rep. Brett Geymann, R-Moss Bluff, that called for scrapping Common Core.(MGNonline)

Rick Hickman