The filing challenges the MOU on the basis that it offends state sovereignty by attempting to improperly delegate the constitutional authority of BESE and the Legislature to a “consortium” of other states.
The non-delegation doctrine is recognized in both federal and state law and is based on the principle that certain powers authorized to the state cannot be delegated to other public or non-public entities.
The Jindal Administration’s outside counsel Jimmy Faircloth said, “In simple terms, the non-delegation doctrine protects the democratic process by preventing a constitutional body from assigning or transferring its constitutional obligations to other public or private entities. By its clear terms, the PARCC MOU purports to commit the development of Louisiana education policy to a private non-Louisiana entity controlled by a ‘Governing Board’ consisting of individuals who are completely unaccountable to Louisiana voters. The procurement dispute is a result of the illusion that the PARCC MOU somehow insults the assessment process from the strictures of state law. It squarely demonstrates the very harm that the non-delegation doctrine is intended to prevent.”
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