Memorandum of Understanding Allows Opt-Out, No Penalty or Enforcement.

Eight State Representatives and others are calling on Governor Jindal to opt-out of the controversial

PARCC testing program on behalf of the State of Louisiana. In a letter dated Monday, the legislators note that

they have reviewed the PARCC Memorandum of Understanding and find it vague, incomplete and

unenforceable. They note that the Governor can opt out on behalf the state and they urge him to do so.

(See full text of the letter below)

April 14, 2014

Governor Bobby Jindal

Baton Rouge, Louisiana

RE: Louisiana Opt Out of PARCC Testing.

Dear Governor Jindal,

We want to thank you for publicly expressing your concerns with Common Core and PARCC testing, in your statement on March 17th.

We too, support high academic standards that help ensure Louisiana students are able to compete with every state and every country in the world. We also do not support federal, one-size-fits-all testing that potentially breaches student privacy.

We share your concerns with Common Core and PARCC, and that’s why we are working to address these issues in this year’s legislative session and in conversations with BESE.

That’s why your stated position is so important. We have reviewed the MOU carefully and sought the advice of counsel, including the Attorney General’s office staff and House staff. We believe you have the authority, as Governor, under the 2010 PARCC Memorandum of Understanding, to opt out of the Consortium.

What we have discovered is that, in short, the MOU is fatally defective. It is incomplete, vague and missing key elements of a legally binding agreement. It likely conflicts with Louisiana’s procurement laws. It also appears to be completely unenforceable by virtue of having no enforcement section and no penalties for non-compliance other than withdrawal.

If nothing else, participation is explicitly subject to availability of funding. We are facing a projected $940 million deficit for 2015-16. There have been no public hearings and discussion on the costs of CCSS and PARCC. Since we believe they may be significant, we have all the reasons we need to stop PARCC implementation now.

The consensus is that a simple announcement by the Governor that Louisiana will not comply with the ongoing commitments required to remain a “Governing State” under the Consortium, is sufficient.

Please let us know when you’d like to take this action so that we can be on hand to support you and stand with you in support of what’s best for our people and our children. Sincerely,