While one key Common Core ruling was issued on Monday, oral arguments were set for April 28 on a separate case that could help decide the future of the academic standards in Louisiana.
That case is the appeal of a ruling by 19th District Court Judge Todd Hernandez, who in August issued an injunction to lift the suspension of two test contracts that had been issued by Gov. Bobby Jindal’s administration.
The decision paved the way for Common Core to be in public school classrooms for the 2014-15 school year, and for nearly 320,000 students in grades three through eight to take the exams in mid-March that go with the new standards in reading, writing and math.
Arguments will be heard in the First Circuit Court of Appeal. When a ruling will be issued is unclear.
At the same time, the Legislature will be debating whether to shelve Common Core and the assessments that go with it.
The session starts on April 13 and ends on June 11.
While numerous lawsuits have been filed on Common Core, the Hernandez ruling has had the most impact.
The challenge was filed by parents and teachers who back the standards.
They charged that the governor was illegally trying to derail the standards and assessments.
The governor’s budget office said the test contracts are flawed and that using them could result in payments being recouped and restrictions put on vendors.
The state Board of Elementary and Secondary Education, which endorsed Common Core in 2010 and 2014, supported the challenge to the Jindal administration.
BESE also took the unusual step of hiring special counsel — Preis Gordon APLC, of Baton Rouge — to intervene in the lawsuit.
On Monday, 19th District Judge Tim Kelley tossed out a separate lawsuit filed by 17 anti-Common Core lawmakers and later joined by Jindal.
That challenge said BESE and the state Department of Education failed to follow the state’s Administrative Procedures Act when Common Core was approved.
Kelley ruled that the lawsuit was filed well past a two-year window when such challenges are allowed.
Lawmakers said they will appeal the ruling.
In a third case, Jindal has filed a lawsuit in federal court that challenges Common Core.
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