For Immediate Release: June 30, 2014

Contact: Renée Rybak Lang, 703.740.4841, reneerl@nasbe.org 

Arlington, VA — The National Association of State Boards of Education is deeply concerned about the inaccuracies in a story written by an intern at National Review Online and published without any effort to contact our organization. The story, “Was Oklahoma’s Repeal of Common Core Unconstitutional?” asserts, “Petitioners, organized by the National Associations of State Boards of Education (NASBE), recently filed a lawsuit arguing that the repeal of Common Core is unconstitutional under Oklahoma state law.” The story was subsequently syndicated by additional media outlets with more direct accusation.

Nothing could be farther from the truth. NASBE did write a letter to Gov. Mary Fallin on May 27, while she was considering whether to sign Oklahoma House Bill 3399. In our letter, we outlined a number of concerns with the legislation and its effect on the standards-setting authority of the state board. Specifically, since the Oklahoma Constitution spells out that “The supervision of instruction in the public schools shall be vested in a Board of Education, whose powers and duties shall be prescribed by law,” NASBE believes that HB 3399 is unconstitutional, but did not in any way directly organize or recruit plaintiffs in the Oklahoma lawsuit, nor do we have standing to file such a lawsuit in the state.

The story also claims, “The lead plaintiff has been a member of the NASBE.” State boards of education, not individuals, are NASBE members. Oklahoma has not been a member of NASBE since 2001, while state board member Amy Anne Ford, the plaintiff named in the story, was appointed by Gov. Fallin in 2011.

“NASBE continues to believe in the important role state boards of education play in setting education standards that best meet the needs of their state. And we will continue to support state boards of education as they carry out their constitutionally mandated responsibilities,” says NASBE Executive Director Kristen Amundson. “When publications simply misstate the facts, as National Review did in this case, we will insist on a correction.”

We have done so today.

The National Association of State Boards of Education represents America’s state and territorial boards of education. Our principal objectives are to strengthen state leadership in education policymaking; advocate equality of access to educational opportunity; promote excellence in the education of all students; and assure responsible lay governance of education. Learn more at www.nasbe.org.

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