The battle over Common Core continues

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Petitioners file a lawsuit stating the repeal of Common Core is unconstitutional according to Oklahoma State law.

"We filed a lawsuit this afternoon asking that House Bill 3399 be declared unconstitutional," said former U.S. Attorney General Robert McCampbell.

He said the bill has two constitutional problems.

He said the first is, "When you're constructing the new standards, the State Board of Education has the constitutional power to do that. However, House Bill 3399 would have the legislature encroaching on that authority and taking control of that process."

The second problem he said has to do with the separation of powers.

With the repeal, McCampbell said legislators can amend, make recommendations or even disapprove of the curriculum the board of education has created.  He says this type of authority is unconstitutional.

McCampbell said, "Will students learn double-digit arithmetic spring of first grade or fall of second grade? When students are writing their first research paper are they going to be taught Chicago style footnotes or APA style footnotes? Those kind of decisions need to be made by educators not the legislature."

Representative Jason Nelson who co-authored the original Common Core bill said, "All the things that he (McCampbell) said we can't do, we did in 2010 and now we are repealing it. So nobody complained then and I don't understand why they are complaining now."

Nelson said part of why the law was repealed is because Oklahoma parents want the legislators to have a role.

Nelson said, "It came at the request of parents who were worried that our state board is not an elected board. In some states, they elect their school board and so they wanted elected officials to have the option to look at or even amend those standards."

McCampbell requested an expedited decision by the Oklahoma Supreme Court as soon as possible.

Nelson believes the court will uphold the law.

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