Text of Kentucky Common Core lawsuit

COMMONWEALTH OF KENTUCKY
FRANKLIN CIRCUIT COURT
DIVISION ___
CIVIL ACTION NO. 13-CI-______

David Adams        PLAINTIFF,

v.     COMPLAINT

COMMONWEALTH OF KENTUCKY,     DEFENDANTS
OFFICE OF THE GOVERNOR, Steven L. Beshear,
OFFICE OF THE SENATE PRESIDENT, Robert Stivers,
KENTUCKY BOARD OF EDUCATION,
Roger L. Marcum

COUNCIL ON POSTSECONDARY EDUCATION, Robert L. King

EDUCATION PROFESSIONAL STANDARDS BOARD, Cassandra Webb

Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601

Serve: Senate President Robert Stivers
Office of the Senate President
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Serve: Roger L. Marcum
Kentucky Board of Education
Office of the Commissioner of Education

500 Mero Street, 1st Floor CPT
Frankfort, KY 40601

Serve: Robert L. King

Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Serve: Cassandra Webb

Lawrence County Board of Education
50 Bulldog Lane
Louisa, KY 41230

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Plaintiff, David Adams, for his Complaint against Defendants, the Commonwealth of Kentucky, acting through the Office of the Governor (“Governor”), and Governor Steve Beshear, in his official capacity as Governor of the Commonwealth, Senate President Robert Stivers, in his official capacity as President of the Senate, Roger L. Marcum, in his official capacity as Chairman of the Kentucky Board of Education, Robert L. King, in his official capacity as President of the Council on Postsecondary Education and Cassandra Webb, in her official capacity as chairwoman of the Education Professional Standards Board respectfully states as follows:

I. NATURE OF ACTION

 1.  This is a civil action for declaratory and injunctive relief relating to Defendants' acceptance of Common Core State Standards. Plaintiff seeks injunctive relief in the form of a court order reversing Defendants' illegal acceptance of Common Core State Standards and forbidding any continued action relating to same until such time as specific legislative approval is granted.

 2.  Time is of the essence in resolving this issue because substantial public resources have been and are currently being devoted to implementation of Common Core despite a clear constitutional mandate intended to provide for an efficient system of common schools. Continued delay in limiting the state officials’ activities in this matter to within the scope of Kentucky law and the Constitution of the Commonwealth of Kentucky sets a terrible precedent for ignoring constitutional  limits on executive and legislative branch authority to protect Kentuckians’ rights to seek and pursue their safety and happiness as explicitly guaranteed by the Kentucky Constitution.

 3.  The judicial branch of the Commonwealth of Kentucky is the only remaining venue for redress available to Plaintiff.

 4.  As a result of the actions of Defendants, Plaintiff respectfully seeks a temporary and permanent injunction against Defendants' continued implementation of Common Core until such time as the General Assembly provides appropriate legislation to restore constitutionally mandated efficiency to the Commonwealth's system of common schools.

II.  THE PARTIES

 5.  David Adams is a taxpayer and citizen of the Commonwealth of Kentucky and parent of two students in Jessamine County Schools.

 6. Governor Steve Beshear is sued in his official capacity as Governor of the Commonwealth of Kentucky.

 7. Senate President Robert Stivers is sued in his official capacity as Senate President of the Commonwealth of Kentucky and a member of the Executive Branch of government pursuant to Section 85 of the Constitution of the Commonwealth of Kentucky.

 8. Roger L. Marcum is sued in his official capacity as Chairman of the Kentucky Board of Education.

 9. Robert L. King is sued in his official capacity as President of the Kentucky Council on Postsecondary Education.

10. Cassandra Webb is sued in her official capacity as Chairwoman of the Education Professional Standards Board.

III. JURISDICTION

 11. Jurisdiction is proper pursuant to KRS 418.040 and Kentucky Constitution Section 112 (5).

IV. FACTUAL ALLEGATIONS AND BACKGROUND

 A. Common Core State Standards

 12. On February 10, 2010, Defendants announced acceptance of Common Core State Standards despite the fact the standards had not yet been written. Subsequent obligations of the Commonwealth related to Common Core could not be known then and still cannot in order to reasonably determine the efficacy for their implementation. 

  13. The Constitution of the Commonwealth, in Section 183, places responsibility for providing an efficient system of common schools upon the legislature. The Kentucky Supreme Court clarified this to mean "common schools shall be monitored by the General Assembly to assure they are operated without waste, duplication, mismanagement or political influence." Rose v. Council for Better Education, Inc. (Ky. 1989) 790 S.W.2d 186. By failing to intervene when Defendants obligated Kentuckians to unspecified mandates, duties, responsibilities and costs related to Common Core, the General Assembly violated Section 183.  

V. CLAIMS FOR RELIEF

 14. Plaintiff seeks declaratory relief pursuant to KRS 418.040. Plaintiff seeks a judicial determination of the rights and duties of the parties with regard to an actual controversy arising out of Defendants' acceptance of Common Core State Standards without sufficient knowledge or understanding of the costs of such action in violation of state law.

 15. David Adams seeks injunctive relief relating to Defendants' illegal acceptance and implementation of Common Core State Standards, namely reversal of such acceptance and implementation until such time as the General Assembly grants approval of same by appropriate legislation. 

VI. PRAYER FOR RELIEF

 WHEREFORE, Plaintiff prays for relief as follows:
 1. Plaintiff requests the court enter a judgment declaring the legislature erred in failing to prevent acceptance and implementation of Common Core State Standards by Defendants and that such acceptance must be rescinded and that such implementation must cease and be reversed until such time as the General Assembly makes a determination by appropriate legislation specifically regarding efficiency in the Commonwealth's system of common schools pertaining to standards, curriculum, best practices and testing.

       Respectfully submitted,

       David Adams
       121 Nave Place
       Nicholasville, KY 40356
       859-537-5372
       Plaintiff

 

    CERTIFICATE OF SERVICE

This certifies the forgoing was served this 12th day of  November, 2013 via U.S. Mail upon:

Serve: Governor Steven L. Beshear
Office of the Governor
700 Capitol Avenue, Suite 100
Frankfort, KY 40601

Serve: Senate President Robert Stivers
Office of the Senate President
702 Capitol Ave
Annex Room 236
Frankfort KY 40601

Serve: Roger L. Marcum
Kentucky Board of Education
Office of the Commissioner of Education

500 Mero Street, 1st Floor CPT
Frankfort, KY 40601

Serve: Robert L. King

Council on Postsecondary Education
1024 Capital Center Drive, Suite 320
Frankfort, KY 40601

Serve: Cassandra Webb

Lawrence County Board of Education
50 Bulldog Lane
Louisa, KY 41230

       _________________________________
      
       David Adams