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
---------------------------------------------------------------------------------------------------------------------------
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