The Common Core State Standards has been controversial in the U.S. since its introduction and implementation more than four years ago. Designed to present schools and educators with a set of curricula and skills that “outline the minimum standards in math and English that students should master at each grade level,” the core standards have been criticized for being too rigid and classified as yet another product of overreaching federal intrusion into local control despite their agenda “to increase college- and career-readiness for graduating students.” Now, in the beehive state, a group of six parents and educators are letting their lawyers in Utah file a lawsuit against the State School Board noting that stakeholders in the education system weren’t given enough consultation prior to the common core curricula adoption and are seeking an order “barring further implementation of the education standards,” according to this article in the Deseret News.
Utah’s general dislike of federal oversight into its programs originally resulted in Governor Gary Herbert asking the Utah Attorney General’s office to see what the state’s obligations around the Common Core were. But for the plaintiffs in the most recent lawsuit against the State School Board—satisfying those obligations aren’t enough. The question of local control over curriculum is only “a piece of legal issues surrounding the common core,” and that diverging matter in the state is confusing the issues. At one end is the question of federal entanglement, and at the other, which the lawsuit filed by the teachers’ and parents’ lawyers in Utah is most concerned with, involves the extent to which “local control” may be interpreted.
In Utah, a statute requires the State School Board to establish “rules and minimum standards for the public schools in consultation with local school boards, school superintendents, teachers, employers, and parents.” And that hasn’t happened, the plaintiffs in the suit argue. Connor Boyack, president of the libertarian advocacy organization funding the lawsuit said that not enough opportunity was provided at the time of implementation four years ago. And even though “education officials have long maintained the board’s adoption and review of the standards were conducted in accordance with established policies and during public meetings,” Boyack says there’s a difference between holding a public meeting and actually seeking input from local stakeholders.
Lawyers in Utah Can Help You
The lawyers in Utah representing the plaintiffs in the suit contend that the state statutes “include specific language about participation” in those public meetings with requirements around input from stakeholders that were unfulfilled. But the school board’s spokesperson disagrees, reporting a yearlong review of the common core before it was adopted, “during which time the Utah State Office of Education conducted meetings throughout the state asking for feedback from community members.”
The State School Board sees some of the claim put forward by the teachers’ and parents’ lawyers in Utah as a case of the way in which “people often don’t pay attention until they’re angry about a decision that has already been made.” Too little, too late, the spokesperson for the School Board says, calling the lawsuit “political nonsense.” But Utahns, for whom the issue of government control is an ever-sensitive one, may not be put off so easily.
Free Initial Consultation with a Utah Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Salt Lake City Business Litigation Attorney
As lawyers who fight court battles for our business clients, we’ve come to realize over the years that if the businesses we represent can sign some documents before the fights begin — maybe when the company is first established — then, if contract disputes or other disagreements arrive, we have a better chance at resolving the case without going to trial.
Don’t misunderstand us — we love going to court and battling it out in litigation. We enjoy that – it is our job. However, with that same enjoyment in the courtroom, we realize that out clients are better served when they can avoid the courtroom.
Trial Lawyers in Utah
As litigation attorneys, one of the skills that we must have is the ability to convey a story to the jury or judge. Judges don’t need a story as much as a jury. Jurors can get bored during a trial. We have polled jurors after verdicts and we find that legal concepts can evade them. When it comes to business trial work, we prefer to have judges rule on every decision possible. A judge who has prior business litigation experience is extremely helpful because that judge will understand the legal concepts and arguments advanced. When a trial is necessary in your business, please call us to discuss our availability to represent your business. We have all types of business litigation from trademark infringement, collection matters, breach of contract, non-compete agreements, and buy-sell agreements to name a few.
Business Owners Should Have a Buy-Sell Agreement
If you own a business with someone, you may have heard the term “buy-sell agreement” or a “buyout agreement.” This is a common legal document that serves as a fail-safe for many owners and it may be pertinent for you to have use draft one for you. Understanding buy-sell agreements in more detail may help you decide if creating one it right for you and your business.
What is a Buy-Sell Agreement?
A buy–sell agreement is a legally binding agreement between co-owners of a business that determines what should be done if a co-owner leaves the business because of death or any other external circumstance. Essentially, it’s like an estate plan for businesses.
There are three common types of buy-sell agreements: cross-purchase, redemption, and hybrid. Each form has different functions, and it is important to understand the differences so you know what sort of buy-sell agreement you will need.
A cross-purchase agreement is a type of buy-sell agreement where the co-owners agree that in the event of departure of a co-owner, they will buy out that co-owner’s share of the business at a specified price.
A redemption agreement is a type of buy-sell agreement where the company buys the departed owner’s share of the business. Typically, the business will have a life insurance policy for each owner and in the event of death, will use the resulting money to purchase the deceased owner’s share.
A hybrid agreement is a type of buy-sell agreement which combines the other forms of buy-sell agreements, requiring the remaining owners and business to purchase the interest of the departing owner. If the owners won’t buy the departing owner’s interest, the business is then obligated to do so.
However, all buy-sell agreements are unique to each business, so it is important to consult with a lawyer about the right buy-sell agreement for you and your business.
Why Should I Get a Buy-Sell Agreement?
If you co-own a business, or want to start a co-owned business the long and short of the matter is that you need a buy-sell agreement as soon as possible. These agreements protect your interests and the interests of the business when a co-owner wants to leave or is forced to by extenuating circumstances. Without a buy-sell agreement to protect your interests and the interests of the other owners of your business, you put yourself at significant financial risk.
Sometimes, we forget to do what is important in business. This is why you should make sure you have a business litigation attorney on your side. When things go wrong, you will need the top Salt Lake City Business Litigation Attorney on your side and you will find them at Ascent Law, LLC.
In the absence of a buy-sell agreements, situations like sudden death or mental or physical illness can have a major detrimental effect on your business. If there is no agreement, your co-owners may be unable or unwilling to buy your share of the business, forcing you or people you care about to sell your share to a third party at an amount far less than the actual worth of your share because of the desperate situation. We could tell you horror story after horror story of situations that went wrong. Don’t let that be you. Buy-sell agreements prevent such situations from occurring and ensure that all parties maintain financial security in the business in the event of an unavoidable departure.
For more information on buy-sell agreements, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (801) 676-5506 today.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506